Scales v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Case No. 13-501V August 25, 2014 * * * * * * * * * * * * * * * SHANA SCALES, * UNPUBLISHED * Petitioner, * Special Master Dorsey * v. * * SECRETARY OF HEALTH * Attorneys’ Fees and Costs; AND HUMAN SERVICES, * Reasonable Amount Requested to which * Respondent Does Not Object.

Respondent. * * * * * * * * * * * * * * * * * Meredith Daniels, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.

Lisa Watts, United States Department of Justice, Washington, DC, for respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1 On July 23, 2013, Shana Scales (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms. Scales alleged that she received an influenza (“flu”) vaccination on October 21, 2010, and that she thereafter suffered from an injection-related shoulder injury (“SIRVA”) and rheumatoid arthritis (“RA”) which were caused in fact by the vaccination. See Petition at 1. On May 30, 2014, the undersigned entered a decision awarding compensation to petitioner based on the parties’ stipulation.

Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post this decision on the website of the United States Court of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 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, 42 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.A. § 300aa.

On August 20, 2014, petitioner filed a Motion for Attorneys’ Fees and Costs in the amount of $12,793.56. Simultaneously, petitioner filed a Statement in compliance with General Order Number 9, according to which petitioner did not personally incur any costs in pursuit if her vaccine claim. On August 22, 2014, respondent filed a status report in which advises the Court that “she has no objection to Attorneys’ Fees and Costs in the total amount of $12,793.56.”

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 petitioner’s request, 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, Ronald C. Homer, of Conway, Homer & Chin-Caplan, P.C., in the amount of $12,793.56.

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