Eckhardt v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 30, 2014 * * * * * * * * * * * * * * NICOLE ECKHARDT, as the legal * UNPUBLISHED representative of the estate of her * deceased son, C.R., * No. 12-765V

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Petitioner, * Special Master Dorsey

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v. *

* Attorney’s Fees and Costs; SECRETARY OF HEALTH * Reasonable Amount Requested to which AND HUMAN SERVICES, * Respondent Does not Object.

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Respondent. *

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* * * * * * * * * * * * * Curtis R. Webb, Twin Falls, ID, for petitioner.

Heather Lynn Pearlman, U.S. Department of Justice, Washington, D.C., for respondent.

ATTORNEY’S FEES AND COSTS DECISION1

On November 14, 2012, Nicole Eckhardt (“petitioner”) filed a petition on behalf of her minor son, C.R., pursuant to the National Vaccine Injury Compensation Program. 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that C.R. suffered “an anaphylaxis, non-anaphylactic allergic reaction, or acute asthma attack which caused his death” as a result of an influenza (“flu”) vaccine administered to him on November 19, 2010. See Petition at ¶4. On June 4, 2014, a decision was entered awarding compensation to petitioner based on the parties’ stipulation.

On July 29, 2014, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of attorneys’ fees and costs in the amount of $48,323.16. In accordance with General Order #9, petitioner’s counsel represents that petitioner did not advance any reimbursable costs in pursuit of her claim.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows: in the form of a check jointly payable to petitioner and to petitioner’s attorney, Curtis R. Webb, in the amount of $48,323.16.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.2

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master