Barlow v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-602V Filed: April 2, 2014 Not for Publication

************************************* JOHN BARLOW, *

*

Petitioner, *

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

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

*

Respondent. *

*

************************************* Donald P. Edwards, Atlanta, GA, for petitioner.

Traci R. Patton, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1

On April 2, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from transverse myelitis (“TM”) as a result of his receipt of influenza (“flu”) vaccine on September 22, 2009. Respondent denies that petitioner’s TM, or any other injury, was caused in fact by the flu 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 $250,000.00, representing all damages that would be available under 42 U.S.C. § 300aa–15(a) (2006). The award shall be in the form of a check made payable to petitioner in the amount of $250,000.00.

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In compliance with General Order #9, petitioner represents that he incurred no out-of- pocket expenses in pursuit of his petition. Petitioner requests $16,838.88 in attorneys’ fees and costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards a lump sum of $16,838.88, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and the Law Office of Donald P. Edwards in the amount of $16,838.88.

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: April 2, 2014 /s/ Laura D. Millman

Laura D. Millman Special Master