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Burgess v. Secretary of Health and Human Services
18-579
| Fed. Cl. | Apr 18, 2022
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Case Information

*1 In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-0579V

(not to be published) HOLLY A. BURGESS, Personal, Chief Special Master Corcoran

Representative of the Estate of Sharen Kraft Filed: March 15, 2022

Petitioner,

v.

Special Processing Unit (SPU); Attorney’s Fees and Costs SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS [1]

On April 23, 2018, Sharen Kraft 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 Sharen Kraft suffered from Guillain-Barre Syndrome as a result of an influenza vaccine administered on October 4, 2015. (Petition at 1). On October *2 14, 2021, a decision was issued awarding compensation to Petitioner based on the Respondent’s proffer. (ECF No. 57).

Petitioner has now filed a motion for attorney’s fees and costs, dated January 31, 2022 (ECF No. 62), requesting a total award of $19,843.19 (representing $17,748.20 in fees and $2,094.99 in costs). In accordance with General Order No. 9, counsel for represents that Petitioner incurred no out-of-pocket expenses. (Id. at 2). Respondent reacted to the motion on January 31, 2022, 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. (ECF No. 63). Petitioner did not file a reply thereafter.

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. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $19,843.19 (representing $17,748.20 in fees and $2,094.99 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

[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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

[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

Case Details

Case Name: Burgess v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Apr 18, 2022
Docket Number: 18-579
Court Abbreviation: Fed. Cl.
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