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

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1311V
DAWSON LANGDON,
Chief Special Master Corcoran
Petitioner,
v. Filed: October 25, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS 1
On October 2, 2020, Dawson Langdon filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the
“Vaccine Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of an influenza (“flu”) and meningococcal vaccines
administered to him on October 6, 2017. Petition, ECF No. 1. On April 7, 2023, I issued
a decision awarding damages to Petitioner, following briefing by the parties. ECF No. 64.
1
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 $41,702.06 (representing $40,820.20 in attorney’s fees, $855.51 in attorney’s costs,
and $26.35 in out-of-pocket expenses). Petitioner’s Application for Attorney’s Fees and
Costs filed Sept. 19, 2023, ECF No. 72. In accordance with General Order No. 9,
Petitioner filed a signed statement indicating that he incurred $26.35 in out-of-pocket
expenses. ECF No. 73.
Respondent reacted to the motion on September 20, 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. 74. Petitioner did not file a reply
thereafter.
I note this case required additional briefing regarding the issue of damages and
participation in an expedited Motions Day. See Status Report, filed Aug. 12, 2022, ECF
No. 45 (reporting an impasse in damages discussions); Petitioner’s Memorandum in
Support of Damages, filed Oct. 25, 2022, ECF No. 53; Petitioner’s Reply Brief, filed Feb.
21, 2023, ECF No. 61; Hearing Minute entry dated Mar. 24, 2023 (regarding proceedings
on March 24, 2023). Petitioner’s counsel expended approximately 12.5 hours drafting the
brief in support of entitlement and damages; and 12.8 hours drafting the reply brief,
totaling 25.3 hours. ECF No. 72 at 20-22. 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
costs, except for $20.00 for 200 pages of in-house copying costs. ECF No. 72 at 25, 28-
38. I will nevertheless allow reimbursement of this unsubstantiated cost. And Respondent
offered no specific objection to the rates or amounts sought.
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. Petitioner is awarded the total amount of $41,702.06 3 as
follows:
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 f ees f or legal services rendered.
Furthermore, Section 15(e)(3) prevents an attorney f rom charging or collecting fees (including costs) that
would be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Hum. Servs.,
924 F.2d 1029 (Fed. Cir.1991).
2
• A lump sum of $41,675.71, representing reimbursement in the amount
of $40,820.20 for attorney’s fees and in the amount of $855.51 for
attorney’s costs, in the form of a check payable jointly to Petitioner
and Petitioner’s counsel, Ronald Craig Homer; and
• A lump sum of $26.35, representing reimbursement for Petitioner’s
costs, in the form of a check payable to Petitioner.
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. 4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4
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.
3