United States Court of Federal Claims, 2013

Tesha Connors-Robinson v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided May 14, 2013

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

************************* TESHA CONNORS-ROBINSON, *

* No. 12-372V

Petitioner, * Special Master Christian J. Moran

* v. * Filed: May 14, 2013

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

* respondent does not object Respondent. *

* ************************* Verne E. Paradie, Jr., Paradie, Sherman and Worden, Lewiston, ME, for Petitioner; Althea W. Davis, U.S. Department of Justice, Washington, D.C., for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1 Respondent filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter on May 10, 2013. Previously, Ms. Connors-Robinson informally submitted a draft application for attorneys’ fees and costs to respondent for review. Respondent does not object to an award in the amount of $6,400.00 for attorneys’ fees and $663.19 for costs, for a total of $7,063.19. The Court awards this amount.

Ms. Connors-Robinson filed for compensation on June 11, 2012 alleging that she was injured by the tetanus-diphtheria-acellular pertussis vaccine she received on May 18, 2011. Ms. Connors-Robinson received compensation based upon the parties’ stipulation. Decision, filed Apr. 22, 2013. Because Ms. Connors-Robinson received compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).

Ms. Connors-Robinson seeks a total of $7,063.19 in attorneys’ fees and costs for her counsel. Additionally, in compliance with General Order No. 9, Ms. Connors-Robinson filed a statement indicating that she incurred no 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 a check made payable to petitioner and petitioner’s attorney in the amount of $7,063.19 for attorneys’ fees and other litigation costs. The court thanks the parties for their cooperative efforts in resolving this matter.

The Clerk shall enter judgment accordingly.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

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