Opinion

Anderson v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Feb 23, 2021
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Unpublished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. 18-1816V

(not to be published)

SUSAN ANDERSON,

Chief Special Master Corcoran

Petitioner,

v. Filed: December 29, 2020

SECRETARY OF HEALTH AND Special Processing Unit (SPU);

HUMAN SERVICES, Attorney’s Fees and Costs

Respondent.

Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On November 27, 2018, Susan Anderson 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 she suffered a shoulder injury related to vaccine

administration as a result of Tetanus-Diphtheria (“Tetanus”) vaccination administered on

February 23, 2018. (Petition at 1). On July 17, 2020, a decision was issued awarding

compensation to Petitioner based on the parties’ stipulation. (ECF No. 36).

1

Because this unpublished Decision contains a reasoned explanation f or the action in this case, I am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.

2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinaf ter, 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 December

14, 2020, (ECF No. 41), requesting a total award of $19,517.80 (representing $17,213.00

in fees and $2,304.80 in costs). In accordance with General Order #9, counsel for

Petitioner represents that Petitioner incurred no out-of-pocket expenses. (ECF No. 41-3).

Respondent did not file a response.

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 $19,517.80 (representing $17,213.00 in fees and $2,304.80 in costs) as

a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel.

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 f iling a joint notice

renouncing their right to seek review.

2

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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