Markham v. Secretary of Health and Human Services ( 2017 )


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  •         In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 16-728V
    Filed: April 28, 2017
    UNPUBLISHED
    *********************************
    MABEL MARKHAM,                                    *
    *
    Petitioner,              *
    v.                                                *
    *       Attorneys’ Fees and Costs;
    SECRETARY OF HEALTH                               *       Special Processing Unit (“SPU”)
    AND HUMAN SERVICES,                               *
    *
    Respondent.              *
    *
    ****************************
    Kelly Burdette, Burdette Law, PLLC, Seattle, WA, for petitioner.
    Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION ON ATTORNEYS’ FEES AND COSTS1
    Dorsey, Chief Special Master:
    On June 21, 2016, petitioner filed a petition for compensation under the National
    Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
    Act”). Petitioner alleged that she suffered a shoulder injury related to vaccine
    administration (“SIRVA”) following a December 18, 2015 pneumococcal conjugate
    vaccination. On March 14, 2017, the undersigned issued a decision awarding
    compensation to petitioner based on respondent’s proffer. (ECF No. 23).
    On March 27, 2017, petitioner filed a motion for attorneys’ fees and costs. (ECF
    No. 27). Petitioner requests attorneys’ fees in the amount of $6,893.75 and attorneys’
    1
    Because this unpublished decision contains a reasoned explanation for the action in this case, the
    undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
    the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
    Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
    identify and move to redact medical or other information, the disclosure of which would constitute an
    unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
    within this definition, the undersigned will redact such material from public access.
    2
    National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
    ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
    300aa (2012).
    costs in the amount of $433.76 for a total amount of $7,327.51. 
    Id. at 2.
    In compliance
    with General Order #9, petitioner has filed a signed statement indicating petitioner
    incurred no out-of-pocket expenses.
    On March 30, 2017, respondent filed a response stating respondent does not
    object to the overall amount sought. (ECF No. 28).
    The Vaccine Act permits an award of reasonable attorneys’ fees and costs.
    § 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition
    from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and
    costs.
    Accordingly, the undersigned awards the total of $7,327.513 as a lump sum
    in the form of a check jointly payable to petitioner and petitioner’s counsel
    Douglas L. Burdette.
    The clerk of the court shall enter judgment in accordance herewith.4
    IT IS SO ORDERED.
    s/Nora Beth Dorsey
    Nora Beth Dorsey
    Chief Special Master
    3
    This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
    charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
    Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would
    be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs.,
    
    924 F.2d 1029
    (Fed. Cir.1991).
    4
    Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
    renouncing the right to seek review.
    2
    

Document Info

Docket Number: 16-728

Judges: Nora Beth Dorsey

Filed Date: 12/11/2017

Precedential Status: Non-Precedential

Modified Date: 12/11/2017