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* * * * * * * * * * * * * * * MOHAMED EDOO and JULIET EDOO, * UNPUBLISHED parents of J.E., a minor, *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 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