Nancy Harris Bowman v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-308V Filed: March 22, 2013 Not for Publication

************************************* NANCY HARRIS BOWMAN, *

*

Petitioner, *

* Damages decision based on v. * stipulation; influenza vaccine;

* transverse myelitis; fees and costs SECRETARY OF HEALTH * based on stipulation AND HUMAN SERVICES, *

*

Respondent. *

*

************************************* Diana L. Stadelnikas, Sarasota, FL, for petitioner.

Gordon E. Shemin, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1

On March 22, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered from transverse myelitis following her receipt of trivalent influenza vaccine on October 12, 2009. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s transverse myelitis, or any other injury, was caused in fact by the influenza vaccine. Nonetheless, the parties agreed to resolve this matter informally.

The court finds the terms to be reasonable, hereby adopts the parties’ stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $370,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $370,000.00 made payable to petitioner.

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner’s counsel asserts that petitioner did not incur any costs to pursue her petition.

Petitioner requests $21,961.62 in attorneys’ fees and costs to which respondent does not object. The undersigned finds this amount to be reasonable. Accordingly, the court awards $21,961.62, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Maglio Christopher & Toale, PA, in the amount of $21,961.62.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED.

Dated: March 22, 2013 /s/ Laura D. Millman

Laura D. Millman Special Master