VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00807
Package ID: USCOURTS-cofc-1_18-vv-00807
Petitioner: Susan V. Torrey
Filed: 2018-06-07
Decided: 2022-12-01
Vaccine: Prevnar 13
Vaccination date: 2015-07-20
Condition: Guillain-Barre Syndrome (GBS)
Outcome: unclear
Award amount USD: 

AI-assisted case summary:
Susan V. Torrey filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2018, alleging she developed Guillain-Barre Syndrome (GBS) after receiving a Prevnar 13 pneumonia vaccination on July 20, 2015. This decision addresses an interim application for attorneys' fees and costs filed by Ms. Torrey's counsel on December 17, 2020, requesting $19,070.00 in fees and $11,538.75 in costs. The respondent did not contest the reasonableness of the case proceeding, asking the Special Master to exercise discretion in awarding fees if a reasonable basis existed. The Special Master noted that applications for interim fees typically occur after an entitlement hearing, allowing for a full analysis of the merits. As the entitlement hearing had not yet taken place and the respondent raised reasonable basis issues, the Special Master deferred the decision on interim fees and costs until the conclusion of the entitlement phase of the case.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00807-0
Date issued/filed: 2022-12-27
Pages: 2
Docket text: PUBLIC ORDER (Originally filed: 12/01/2022) regarding 57 Motion for Interim Attorney's Fees and Costs. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.
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Case 1:18-vv-00807-UNJ Document 58 Filed 12/27/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-807V
Filed: December 1, 2022
* * * * * * * * * * * * * * *
SUSAN V. TORREY, *
* UNPUBLISHED
Petitioner, *
*
v. * Interim Attorneys’ Fees and Costs;
* Deferral
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Nancy Meyers, Esq., Turning Point Litigation, Greensboro, NC, for petitioner.
Ronalda Kosh, Esq., United States Department of Justice, Washington, DC, for respondent.
ORDER DEFERRING DECISION ON INTERIM FEES AND COSTS APPLICATION1
Roth, Special Master:
On June 7, 2018, Susan Torrey (“Ms. Torrey” or “petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10,
et seq.2 (the “Vaccine Act” or “Program”). Petitioner alleged that she developed Guillain-Barre
Syndrome (“GBS”) after receiving a Prevnar 13 pneumonia vaccination on July 20, 2015. See
Petition (“Pet.”), ECF No. 1.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on
the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No.
107-347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the
Decision will be available to anyone with access to the internet. However, the parties may object to the
Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b),
each party has fourteen days within which to request redaction “of any information furnished by that
party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or
(2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to
the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (1986). Hereinafter,
for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:18-vv-00807-UNJ Document 58 Filed 12/27/22 Page 2 of 2
On December 17, 2020, petitioner’s counsel filed this motion for interim attorneys’ fees
and costs, requesting $19,070.00 in interim attorneys’ fees and $11,538.75 in interim costs, for a
total of $30,608.75 in fees and costs. Motion for Interim Fees, ECF No. 31. In his Response,
respondent asked that I exercise my discretion to award interim fees and costs, should I determine
that the case was “filed and proceeded with a reasonable basis.” Response at 2, ECF No. 33.
Petitioner filed a reply on January 6, 2021, requesting that the undersigned exercise her discretion
to determine a reasonable award for attorney’s fees and costs. Reply, ECF No. 34.
Special masters are afforded broad discretion in determining whether interim fees are
appropriate. Avera v. Sec’y of Health & Human Servs., 515 F. 3d 1343, 1352 (Fed. Cir. 2008); see
also Kirk v. Sec'y of Health & Human Servs., No. 08–241V, 2009 WL 775396, at *1 (Fed. Cl.
Spec. Mstr. Mar. 13, 2009) (reading Avera to set a “broad, discretionary vehicle for ensuring that
petitioners are not punished financially while pursuing their vaccine claim”); Bear v. Sec'y of
Health & Human Servs., No. 11–362V, 2013 WL 691963, at *4 (Fed. Cl. Spec. Mstr. Feb. 4, 2013)
(Avera provides only “examples and general guidance concerning when interim fees and costs
might be awarded, leaving the special masters broad discretion to consider many factors in
considering whether an interim award is appropriate in a particular case”) (emphasis in original).
As a general rule, the application for interim fees and costs typically occurs after an
entitlement hearing. This way, any issues related to good faith or reasonable basis can be
appropriately addressed after a full analysis of the merits of all evidence submitted in this case and
a ruling on entitlement has been issued. This reasoning is particularly applicable here because
respondent has raised reasonable basis in his Response to petitioner’s Motion and the entitlement
hearing in this matter has yet to take place. See Response at 2; ECF No. 55. So that I may review
the entirety of the evidence submitted and the parties have the opportunity to resolve any questions
or discrepancies regarding reasonable basis at hearing, the decision on interim attorneys’ fees and
costs is deferred.
Accordingly, petitioner’s application for interim attorneys’ fees and costs is hereby
DEFERRED until the conclusion of the entitlement phase of this case.
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2