Opinion

Schmidt v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Mar 10, 2025
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21-1550V

MEAGAN BROWN SCHMIDT,

Chief Special Master Corcoran

Petitioner,

v. Filed: January 28, 2025

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for

Petitioner.

James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On July 7, 2021, Meagan Brown Schmidt 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 following an influenza vaccination she received on September 26, 2018.

Petition, ECF No. 1. On June 21, 2024, I issued a decision awarding compensation to

Petitioner based on the parties’ stipulation. ECF No. 34.

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 $27,623.04 (representing $26,191.00 in fees plus $1,432.04 in costs). Application for

Attorneys’ Fees and Costs (“Motion”) filed September 16, 2024. ECF No. 39.

Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no

personal out-of-pocket expenses. Id. at 2.

Respondent reacted to the motion on September 17, 2024, indicating that he is

satisfied the statutory requirements for an award of attorneys’ fees and costs are met in

this case but deferring resolution of the amount to be awarded to my discretion. Motion

at 2-4, ECF No. 40. Petitioner filed a reply requesting an award of fees and costs as

indicated in the Motion. ECF No. 41.

I have reviewed the billing records submitted with Petitioner’s request. The rates

requested for work performed through the end of 2024 are reasonable and consistent

with our prior determinations, and will therefore be adopted.

However, a few of the tasks performed by attorneys in this matter are more

properly billed using a paralegal rate. 3 “Tasks that can be completed by a paralegal or a

legal assistant should not be billed at an attorney’s rate.” Riggins v. Sec’y of Health &

Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15,

2009). “[T]he rate at which such work is compensated turns not on who ultimately

performed the task but instead turns on the nature of the task performed.” Doe/11 v.

Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec.

Mstr. Jan. 29, 2010). Although these billing entries are reasonable, they must be charged

at a reduced rate comparable to that of a paralegal. Application of the foregoing

reduces the amount of fees to be awarded by $372.80. 4

Petitioner has otherwise provided supporting documentation for all claimed costs.

ECF No. 39-2. Respondent offered no specific objection to the rates or amounts sought.

I find the requested costs reasonable and hereby award them in full.

3

Entries considered paralegal in nature include drafting and filing basic documents such as an exhibit list,

PAR Questionnaire, notice of f iling exhibit list, statement of completion, cover sheet, joint notices not to

seek review, and f iling medical records. See billing entries dated: 11/16/21 (three entries); 6/21/23. ECF

No. 39.

4

This amount consists of ($420 - $172 = $248 x 1.20 hrs.) + (553 - $177 = $376 x 0.20 hrs.) = $372.80.

2

CONCLUSION

The Vaccine Act permits an award of reasonable attorney’s fees and costs for

successful claimants. Section 15(e). Accordingly, I hereby GRANT in part, Petitioner’s

Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs

in the total amount of $27,250.24 (representing $25,818.20 in fees plus $1,432.04 in

costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account

for prompt disbursement. 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. 5

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

5

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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