Laura Holt, Parent of Aleigha Holt-Tipton, a Minor v. Secretary of the Department of Health and Human Services 0

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 05-0136V Filed: March 8, 2013 Not to be Published

******************************************************* LAURA HOLT, parent of * ALEIGHA HOLT-TIPTON, a minor, *

* Petitioner, * Stipulation; Interim Attorney Fees

* and Costs. v. *

* SECRETARY OF THE DEPARTMENT * OF HEALTH AND HUMAN SERVICES, *

*

Respondent. *

* ******************************************************* Andrew Donald Downing, Esq., Rhodes, Hieronymus, et al., Tulsa, OK, for petitioner. Alexis Babcock, Esq., US Dept. of Justice, Washington, DC, for respondent.

DECISION on INTERIM ATTORNEY FEES and COSTS1

Vowell, Special Master:

On January 21, 2005, Laura Holt [“petitioner”] filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq3 [“Vaccine Act” or “Program”] on behalf of her daughter, Aleigha Holt-Tipton [“Aleigha”]. An entitlement hearing was held on February 13-15, 2013.

On March 8, 2013, the parties filed a Stipulation of Fact Concerning Interim Attorneys’ Fees and Costs [“Stipulation”]. Petitioner initially sought an award of $135,957.22 in attorney fees and costs for petitioner’s current counsel4 and $3,730.00 in attorney fees and costs for petitioner’s former counsel, Conway, Homer & Chin- Caplan. Stipulation at 1. After informal discussions, the parties agreed upon a lower amount, $120,000.00, in attorney fees and costs for petitioner’s current counsel.5 Id. at 2. In lieu of filing a General Order #9 Statement, petitioner’s counsel represents that petitioner incurred no personal litigation costs. Id.

Respondent maintains that the express language of § 15(e)(1) does not confer Special Masters with the authority to award interim attorney fees and costs, but has waived her objection “for purposes of this case only.” Stipulation at 1-2.

I find that petitioner is entitled to an award of interim attorney fees and costs under the facts and circumstances of this case, and that the agreed upon amount is reasonable. Accordingly, I hereby award the total amount of $123,730.00 as follows:

 a lump sum of $120,000.00, in the form of a check payable jointly to petitioner and petitioner’s counsel, Andrew Donald Downing; and  a lump sum of $3,730.00, in the form of a check payable jointly to petitioner and petitioner’s former counsel, Conway, Homer & Chin- Caplan.

In the absence of a motion for review filed under RCFC Appendix B, the clerk of court shall enter judgment accordingly.6 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Special Master

42 U.S.C. § 300aa-10 et seq. (2006). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.