Patel v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0036V

SONAL PATEL, Chief Special Master Corcoran Petitioner, v. Filed: December 30, 2024

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY S FEES AND COSTS1

On January 4, 2021, Sonal Patel filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the . Petitioner alleges that she suffered a shoulder injury related to vaccine

vaccine on November 14, 2019. Petition at 1, ¶¶ 1, 7. On August 19, 2024, I issued a decision awarding compensation to Petitioner, based on . ECF No. 41.

Petitioner has now filed a motion for n award of $25,321.32 (representing $24,591.30 for fees and $730.02 for costs).

1Because 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 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 (2018). , filed Sept. 3, 2024, ECF No. 45. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of- pocket expenses. Id. at 2.

Respondent reacted to the motion on September 6, 2024, indicating that he is

in this case, but deferring resolution of the amount to be awarded to my discretion. -3, 3 n.2, ECF No. 46. Petitioner has not filed a reply.

The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations, and will therefore be adopted.

I also note this case required additional briefing regarding the factual issues of onset and severity. See Motion for a Ruling on the Record, filed May 15, 2023, ECF No. 2 ; 42 C.F.R. § 100.3(c)(10)(ii) (2017) (required onset for pain listed in the Qualifications and Aids to Interpretation); Section 11(c)(1)(D)(i) (statutory six-month severity requirement). 12.0 hours drafting the motion and 5.9 hours drafting a reply totaling 17.9 hours. ECF No. 45 at 9. I find this time to have been reasonably incurred. (And all time billed to the matter was also reasonably incurred.)

Furthermore, Petitioner has provided supporting documentation for all claimed costs, ECF No. 45 at 13-23. And Respondent offered no specific objection to the rates or amounts sought. I have reviewed the requested costs and find them to be reasonable.

The Vaccine Act permits an award of reasonable attorney s fees and costs for successful claimants. Section 15(e). I award a total of $25,321.32 (representing $24,591.30 for fees and $730.02 for costs) as a lump sum in the form of a check Maximillian J. Muller. 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.3

IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran

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 Chief Special Master