Freddie Grigsby v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-381V Filed: May 8, 2013

************************************* NOT TO BE PUBLISHED FREDDIE GRIGSBY, *

* * Special Master Zane * * Stipulation; attorneys’ fees and costs Petitioner, *

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v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

************************************* Randall G. Knutson, Farrish Johnson Law Office, Mankato, MN, for Petitioner; Ryan Daniel Pyles, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1 On May 7, 2013, the parties in the above-captioned case filed a Stipulation of Attorneys’ Fees and Costs (“Stipulation”) memorializing their agreement as to the appropriate amount of attorneys’ fees and costs in this case. Petitioner requests an award of $11,326.25 in attorneys’ fees and $820.68 in costs for a total of $12,146.93, to which Respondent does not object. Petitioner’s counsel represents that Petitioner incurred no personal litigation costs. In accordance with 42 U.S.C. § 300aa-15(e), the undersigned awards the amount to which Respondent does not object.

Petitioner, Freddie Grigsby, alleged that he suffered from neuropsychiatric impairment and fibromyalgia as a consequence of his receipt of the Hepatitis A vaccine, which is a vaccine contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which he received on or about June 30, 2009. Petitioner alleged that he experienced the residual effects of this injury for more than six months. Petitioner also represented that there have been no prior awards or settlement of a civil action for these damages. Petitioner also alleged that the residual effects of this injury for more than six months and that he has not otherwise received compensation for such injuries. A decision awarding compensation based upon the parties’ stipulation was entered on April 4, 2013.

Although Respondent did not concede the claim, the parties, nonetheless, settled the matter, and an award of compensation was made. Because Petitioner has been awarded compensation, Petitioner is entitled to an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). The undersigned also finds that the stipulated amount of $11,326.25, in attorneys’ fees and $820.68 in costs for a total of $12,146.93, is reasonable based on the stage at which this matter was settled. Based on the request’s reasonableness and pursuant to Vaccine Rule 13, the undersigned GRANTS the parties’ request as outlined in the Stipulation. The judgment shall reflect that Petitioner is awarded attorneys’ fees and costs as follows: in a check made payable jointly to Petitioner (Freddie Grigsby) and Petitioner’s counsel (Randall G. Knutson of the law firm Farrish Johnson Law Office, Mankato, MN), the amount of $12,146.93, pursuant to 42 U.S.C. § 300aa-15(e).

The court thanks the parties for their cooperative efforts in resolving this matter. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to enter judgment accordingly. 2

IT IS SO ORDERED. s/ Daria Zane Daria J. Zane Special Master