Linnen v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-746V (Filed: June 6, 2014)

* * * * * * * * * * * * * * ANDREW LINNEN, *

* Attorneys’ fees and costs; stipulation Petitioner, * of facts; award in amount to which

* Respondent does not object v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. * * * * * * * * * * * * * * * Lawrence Cohan, Philadelphia, PA, for Petitioner Traci Patton, Washington, DC, for Respondent

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1 On June 6, 2014, Respondent filed a joint stipulation concerning final attorneys’ fees and costs in the above-captioned matter. Previously, Mr. Linnen 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 his application to request $19,968.14, an amount to which Respondent does not object. The Court awards this amount.

Petitioner filed for compensation alleging that an influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 25, 2010, caused him to develop Guillain-Barré Syndrome (GBS). Petitioner received compensation based on the parties’ stipulation. Decision, filed on February 21, 2014. Because Mr. Linnen received compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. 300aa-15(e).

Petitioner seeks $19,968.14 in attorneys’ fees and costs for Petitioner’s counsel. Additionally, petitioner represented that he incurred to out-of-pocket expenses pursuant to General Order No. 9.

After reviewing the request, the Court awards the following:

A sum of $19,968.14 in the form of a check payable to Petitioner and Petitioner’s counsel for attorneys’ fees and costs.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 12-746V according to this decision.

Any questions may be directed to my law clerk, Camille Collett, at (202) 357- 6361.

IT IS SO ORDERED. s/Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master