Granville v. Secretary of Health and Human Services ( 2023 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2098V
DANA GRANVILLE,
Chief Special Master Corcoran
Petitioner,
v. Filed: October 25, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Sarah Black RIfkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On October 28, 2021, Dana Granville 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 from Guillain-Barré syndrome (“GBS”)
as a result of an influenza (“flu”) vaccine she received on December 3, 2019. Petition at
1. On August 30, 2023, I issued a decision awarding damages to Petitioner, following
briefing by the parties and participation in a Motions Day Hearing. ECF No. 31.
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Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (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
inf ormation, 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 f rom public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $39,561.24 (representing $38,633.60 in attorney’s fees and $927.64 in attorney’s
costs). Petitioner’s Application for Attorney’s Fees and Costs (“Motion”) filed Sept. 8,
2023, ECF No. 35. In accordance with General Order No. 9, Petitioner filed a signed
statement indicating that Petitioner incurred no out-of-pocket expenses. ECF No. 35-4.
Respondent reacted to the motion on September 26, 2023, indicating that he is
satisfied that the statutory requirements for an award of attorney’s fees and costs are met
in this case, but deferring resolution of the amount to be awarded to my discretion.
Respondent’s Response to Motion at 2-3, 3 n.2, ECF No. 36. On September 26, 2023,
Petitioner indicated that she does not intend to file a substantive reply to Respondent’s
response. ECF No. 37.
I note this case required additional briefing regarding the issue of damages and
participation in an expedited Motions Day. See Status Report, filed Aug. 15, 2022, ECF
No. 22 (reporting an impasse in damages discussions); Petitioner’s Damages Brief, filed
Oct. 19, 2022, ECF No. 26; Petitioner’s Damages Reply Brief, filed Dec. 9, 2022, ECF
No. 28; Hearing Minute Entry, dated Aug. 28, 2023 (regarding the August 25, 2023
hearing). Petitioner’s counsel expended approximately 16.4 hours drafting the brief in
support of damages; and 6.2 hours drafting the reply brief, totaling 22.6 hours. ECF No.
35-2 at 4-5. I find this amount of time to be reasonable and I will award the attorney’s fees
requested. (And all time billed to the matter was also reasonably incurred).
Furthermore, Petitioner has provided supporting documentation for all claimed
cost. ECF No. 35-3. And Respondent offered no specific objection to the rates or amounts
sought. I have reviewed the requested costs and find them to be reasonable.
The Vaccine Act permits an award of reasonable attorney’s fees and costs for
successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for
attorney’s fees and costs. I award a total of $39,561.24 (representing $38,633.60 in
attorney’s fees and $927.64 in attorney’s costs) as a lump sum in the form of a
check jointly payable to Petitioner and Petitioner’s counsel, John R. Howie, Jr. In
the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court),
the Clerk of Court shall enter judgment in accordance with this Decision. 3
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Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice
renouncing their right to seek review.
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IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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