Wilton v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS August 4, 2014 * * * * * * * * * * * * * * * UNPUBLISHED MICHELLE WILTON, on Behalf of * T.W., a minor, * * No. 13-976V Petitioner, * * v. * Special Master Dorsey * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Attorneys’ Fees and Costs; * Reasonable Amount Requested to which Respondent. * Respondent Does Not Object. * * * * * * * * * * * * * * * * Cary S. Macy, Huntington Beach, CA, for petitioner.

Ann Martin, United States Department of Justice, Washington, D.C., for respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1 On December 11, 2013, Michelle Wilton (“petitioner”), on behalf of T.W., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that T.W. suffered from necrosis in his left arm as a result of his receipt of a Hepatitis A vaccination on January 21, 2011. On July 11, 2014, a decision was entered awarding compensation to petitioner based on respondent’s proffer.

On August 1, 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 According to the stipulation, the parties stipulate to a total award to petitioner of Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access.

The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. attorneys’ fees and costs in the amount of $21,194.74. In accordance with General Order #9, petitioner’s counsel represents that of the $21,194.74 requested, petitioner advanced $1,290.00 in reimbursable costs in pursuit of her claim. See Petitioner’s General Order Number 9 Statement, dated July 31, 2014, at 1.

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: (1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Mr. Cary S. Macy, of the Law Office of Cary S. Macy, in the amount of $19,904.74, (2) in the form of a check payable to petitioner only in the amount of $1,290.00.

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.

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Special Master