Edoo v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: August 6, 2014) * * * * * * * * * * * * * * * MOHAMED EDOO and JULIET EDOO, * UNPUBLISHED parents of J.E., a minor, * * No. 13-302V Petitioners, * * v. * Special Master Dorsey * SECRETARY OF HEALTH * Attorneys’ Fees and Costs; AND HUMAN SERVICES, * Reasonable Amount Requested to which * Respondent Does Not Object.

Respondent. * * * * * * * * * * * * * * * * * Walter Samuel Holland, W. Sam Holland, Esq., Miami, FL, for petitioners.

Linda Sara Renzi, U.S. Department of Justice, Washington, D.C., for respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1 On April 30, 2013, Mohamed Edoo and Juliet Edoo (“petitioners”), as the parents and natural guardians of J.E., a minor, filed a petition pursuant to the National Vaccine Injury Compensation Program (“the Act”). 2 42 U.S.C. §§300aa-1 to -34 (2006). Petitioners alleged that J.E. sustained injuries, including Pervasive Development Disorder (PDD-NOS) and Acute Disseminated Encephalomyelitis (ADEM), resulting from adverse effects of the DTP/HIB and OPV vaccinations received on April 14, 1997, and the re-administered vaccination of DTP/HIB vaccination received on July 7, 1997, both of which likely aggravated an ongoing neurological condition and possibly an underlying mitochondrial dysfunction. On March 19, 2014, a decision Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to redact medical or other information, that satisfies the criteria in § 300aa-12(d)(4)(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 redacted from public access.

The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. was entered dismissing the case for insufficient evidence and for failure to prosecute. Judgment entered on that decision on April 21, 2014.

On August 5, 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 petitioners of attorneys’ fees and costs in the amount of $7,100.00. In accordance with General Order #9, the parties represent that petitioners have not incurred costs in pursuit of their 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 petitioners and to petitioners’ attorney, Mr. W. Sam Holland, in the amount of $7,100.00. This amount represents all attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e).

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