Mondello v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-972V Filed: April 16, 2018

* * * * * * * * * * * * * * * PAUL MONDELLO, * UNPUBLISHED * Petitioner, * v. * Decision on Attorneys’ Fees and Costs; * Respondent Does Not Object. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * *

Verne E. Paradie, Jr., Esq., Paradie, Sherman, et al., Lewiston, ME, for petitioner. Darryl Wishard, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Roth, Special Master:

On September 3, 2015, Paul Mondello (“Mr. Mondello,” or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed a seizure disorder after receiving a hepatitis A vaccination on November 15, 2013. See Petition (“Pet.”), ECF No. 1. On November 15, 2016, the undersigned issued a Ruling on the Record finding that petitioner was not entitled to compensation. ECF No. 34. Petitioner filed a Motion for Review, which was granted. See Motion for Review, ECF No. 40; Opinion, ECF No. 44. This matter was remanded to the undersigned for further proceedings. Fact hearings were held on August 28, 2017, and September 7, 2017; the undersigned later issued a decision finding that petitioner was entitled to compensation. Ruling on Entitlement, ECF No. 74. On March 20,

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims’ website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

1 2018, the undersigned issued a Decision awarding compensation to petitioner based on respondent’s proffer. See Decision, ECF No. 78.

Petitioner initially filed a Motion for Attorneys’ Fees and Costs on December 2, 2016. ECF No. 37. Following the conclusion of the damages phase of this matter, petitioner filed a Motion to Strike his original application for fees, which was granted. ECF Nos. 82, 84. On April 4, 2018, petitioner filed a Motion for Attorneys’ Fees and Costs requesting attorneys’ fees in the amount of $26, 960.00 and attorneys’ costs in the amount of $5,088.82, for a total of $32,048.82.3 Motion for Fees, ECF No. 83.

In accordance with General Order #9, petitioner’s counsel represents that petitioner did not incur any out-of-pocket expenses. Motion at 2-3.

On April 6, 2018, respondent filed a response to petitioners’ Motion for Fees. Response, ECF No. 85. Respondent provided no specific objection to the amount requested or hours worked, but instead, “respectfully recommend[ed] that the Special Master exercise her discretion and determine a reasonable award for attorneys’ fees and costs.” Id. at 3. Petitioner did not file a reply.

The Vaccine Act permits an award of “reasonable attorneys’ fees” and “other costs.” § 15(e)(1). Based on the reasonableness of petitioner’s request, the undersigned GRANTS petitioner’s motion for attorneys’ fees and costs.

Accordingly, the undersigned awards the total of $32,048.824 in the form of a check jointly payable to petitioner and petitioner’s counsel, Verne Paradie.

The Clerk of the Court is directed to enter judgment in accordance with this Decision.5

IT IS SO ORDERED.

s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

3 I have made no determination as to appropriate hourly rates in this matter; I merely conclude that the total sums requested seem reasonable and appropriate. 4 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 fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991). 5 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.