Murphy v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * SEAN DAVID MURPHY, *

* No. 11-266V Petitioner, * Special Master Christian J. Moran

* v. * Filed: September 19, 2014

* SECRETARY OF HEALTH * Attorneys’ fees and costs; award AND HUMAN SERVICES, * in the amount to which

* respondent does not object. Respondent. *

******************** * Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner; Michael P. Milmore, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1 On September 12, 2014, respondent filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter. On August 18, 2014, petitioner filed a motion for attorneys’ fees and costs. Upon review of petitioner’s motion, respondent raised objections to certain items. Based on subsequent discussions, petitioner amended his application to request $110,809.74, an amount to which respondent does not object. The Court awards this amount.

On April 29, 2011, Sean Murphy filed a petition for compensation alleging that the influenza vaccine, which he received on October 4, 2010, caused him to suffer Guillain-Barré syndrome (“GBS”). Petitioner received compensation based upon the parties’ proffer. Decision, filed Mar. 25, 2014. Because petitioner received compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).

Petitioner seeks a total of $110,809.74 in attorneys’ fees and costs for his counsel. Additionally, in compliance with General Order No. 9, petitioner states that he did not incur any out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs.

After reviewing the request, the Court awards the following: A lump sum of $110,809.74, in the form of a check made payable to petitioner and petitioner’s attorney, Nancy R. Meyers, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). The parties have represented that a portion of these fees will be allocated to petitioner’s previous counsel, Mr. Joseph Sarda. Ms. Meyers has agreed to distribute the appropriate amount accordingly.

The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly.

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master