Jacqueline Brand v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

************************* JACQUELINE BRAND, *

* No. 12-549V

Petitioner, * Special Master Christian J. Moran

* v. * Filed: September 9, 2013

* SECRETARY OF HEALTH * Attorneys’ fees and costs; award AND HUMAN SERVICES, * in the amount to which respondent

* does not object

Respondent. *

************************* Ronald C. Homer, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner; Lisa A. Watts, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1 On August 22, 2013, Ms. Brand filed an application for attorneys’ fees and costs (“Application”) in the above-captioned matter. On September 4, 2013, respondent filed a status report stating that she has no objection to petitioner’s requested attorneys’ fees and costs in the amount of $25,962.42. The Court awards this amount.

On August 30, 2012, Jacqueline Brand filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the influenza vaccination she received on September 3, 2009 caused her to suffer an injection-related shoulder injury. On December 4, 2012, petitioner was found to be entitled to compensation under the Vaccine Act. Unpublished Decision Awarding Damages, filed May 24, 2013. Because petitioner received compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).

Ms. Brand seeks a total of $25,962.42 in attorneys’ fees and costs for her counsel. Additionally, in compliance with General Order No. 9, Ms. Brand states that she incurred a total of $350.00 in out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs.

After reviewing the request, the Court awards the following:

A. A lump sum of $25,612.42 in the form of a check made payable to petitioner and petitioner’s attorney, Ronald C. Homer, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).

B. A lump sum of $350.00 in the form of a check made payable to petitioner,

Jacqueline Brand, for petitioner’s out-of-pocket litigation expenses. The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly.2

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-6353. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master