Marianne Archambo v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS *************************

MARIANNE ARCHAMBO, * * No. 12-291V Petitioner, * Special Master Christian J. Moran * v. * Filed: May 13, 2013 *

SECRETARY OF HEALTH * Attorneys’ fees and costs; stipulation of AND HUMAN SERVICES, * facts; award in the amount to which * respondent has not objected Respondent. * * *************************

Dennis Woody, Woody & Falkenbach, Media, PA, for Petitioner;

Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1

Petitioner, Marianne Archambo, filed a stipulation of facts concerning final attorneys’ fees and costs in the above-captioned matter on May 2, 2013. Previously, Ms. Arachambo informally submitted a draft application for attorneys’ fees and costs to respondent for review. Upon review of petitioner’s application, respondent raised objections to certain items. Based on subsequent discussions, petitioner amended her application to request $41,590.76, an amount to which respondent does not object. The Court awards this amount.

On May 7, 2012, Ms. Arachambo filed for compensation alleging that she was injured by the influenza vaccine she received. Ms. Arachambo received compensation based upon the parties’ stipulation. Decision, filed April 29, 2013. Because Ms. Arachambo received compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).

Ms. Arachambo seeks a total of $41,590.76 in attorneys’ fees and costs for her counsel. In compliance with General Order No. 9, Ms. Arachambo filed a statement on May 10, 2013 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 $41,590.76 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