Sanders v. Secretary of Health and Human Services ( 2020 )


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  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 18-0754V
    (not to be published)
    RODERICK SANDERS,
    Chief Special Master Corcoran
    Petitioner,
    v.                                                          Filed: November 18, 2020
    SECRETARY OF HEALTH AND                                     Special Processing Unit                 (SPU);
    HUMAN SERVICES,                                             Attorney’s Fees and Costs
    Respondent.
    Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
    Petitioner.
    Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for
    Respondent.
    DECISION ON ATTORNEY’S FEES AND COSTS 1
    On May 29, 2018, Roderick Sanders 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 alleges that he suffered a shoulder injury related to vaccine
    administration as a result of Tetanus Diphtheria acellular Pertussis vaccine he received
    on December 21, 2016. (Petition at 1-2). On August 25, 2020, a decision was issued
    awarding compensation to Petitioner based on the Respondent’s proffer. (ECF No. 64).
    1  Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
    required 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). This means the Decision will be available to anyone with access to the
    internet. 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, I agree that the identified material fits within this definition, I 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).
    Petitioner has now filed a motion for attorney’s fees and costs, dated November 5,
    2020, (ECF No. 69), requesting a total award of $46,325.38 (representing $45,255.70 in
    fees and $1,069.68 in costs). In accordance with General Order #9, Petitioner filed a
    signed statement indicating that he incurred no out-of-pocket expenses. (ECF No. 69-3).
    Respondent reacted to the motion on November 5, 2020 indicating that he is satisfied
    that the statutory requirements for an award of attorney’s fees and costs are met in this
    case and defers to the Court’s discretion to determine the amount to be awarded. (ECF
    No. 70). On November 6, 2020 Petitioner filed a reply requesting the fees and costs in
    Petitioner’s motion be awarded in full. (ECF No. 71).
    I have reviewed the billing records submitted with Petitioner’s request. In my
    experience, the request appears reasonable, and I find no cause to reduce the requested
    hours or rates.
    The Vaccine Act permits an award of reasonable attorney’s fees and costs. §
    15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I
    award a total of $46,325.38 (representing $45,255.70 in fees and $1,069.68 in costs) as
    a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel.
    Petitioner requests the check be forwarded to Maglio Christopher & Toale, PA 1605
    Main Street, Suite 710, Sarasota, Florida, 34236. In the absence of a timely-filed
    motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter
    judgment in accordance with this decision. 3
    IT IS SO ORDERED.
    s/Brian H. Corcoran
    Brian H. Corcoran
    Chief Special Master
    3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice
    renouncing their right to seek review.
    2
    

Document Info

Docket Number: 18-754

Judges: Brian H. Corcoran

Filed Date: 12/18/2020

Precedential Status: Non-Precedential

Modified Date: 12/18/2020