Scanlon v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-219V Filed: June 10, 2014

* * * * * * * * * * * * * * * * INA SCANLON, * UNPUBLISHED

* Petitioner, * Special Master v. * Hamilton-Fieldman

* SECRETARY OF HEALTH * AND HUMAN SERVICES, * Vaccine Act Attorneys’ Fees;

* Reasonable Basis for Claim. *

Respondent. *

* * * * * * * * * * * * * * * * David P. Murphy, David Murphy, Esq., Greenfield, IN, for Petitioner, Linda S. Renzi, United States Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1 This matter is before the undersigned on remand from the Court of Federal Claims, Lettow, Judge, who directed the undersigned to “consider and . . . award” attorneys’ fees and costs to Petitioner’s counsel. Order at 8, ECF No. 43. In her pleadings, Respondent opposed a finding of reasonable basis for the award of attorneys’ fees and costs, but did not oppose the amount requested by Petitioner if a reasonable basis were found to exist. At a status conference held on June 5, 2014, shortly after the issuance of the remand decision, Respondent’s counsel offered no further argument on this issue. Therefore, rather than expend further judicial resources on this issue, the undersigned awards Petitioner’s counsel $11,919.62 in attorneys’ fees and costs requested by Petitioner’s counsel. See 42 U.S.C. § 300aa-12(e)(2).

After due consideration, the Court awards a sum of $11,919.62 in attorneys’ fees and costs in the form of a check payable to Petitioner and Petitioner’s counsel, David P. Murphy, Esq.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-219V according to this decision.

Any questions may be directed to my law clerk, Danielle Sgro, at (202) 357-6384, or [email protected].

IT IS SO ORDERED.

/s/ Lisa D. Hamilton-Fieldman. Lisa D. Hamilton-Fieldman Special Master