Strand v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: September 29, 2014

* * * * * * * * * * * * * * UNPUBLISHED WENDY N. STRAND, as parent and legal * representative of her minor daughter, * No. 08-763V A.R.C., *

*

Petitioner, *

* Special Master Dorsey v. *

* Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Reasonable Amount Requested to which AND HUMAN SERVICES, * Respondent Does not Object.

*

Respondent. *

*

* * * * * * * * * * * * * Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner. Tara J. Kilfoyle, U.S. Department of Justice, Washington, DC, for respondent.

ATTORNEYS’ FEES AND COSTS DECISION1

On October 27, 2008, Wendy Strand (“petitioner”) filed a petition on behalf of her minor daughter, A.R.C., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that as a result of receiving diphtheria-tetanus- acellular pertussis (“DTaP”), inactive polio virus (“IPV”), measles-mumps-rubella (“MMR”), haemophilus influenzae type B (“Hib”), and pneumococcal 7-valent conjugate (“PCV”) vaccines on November 8, 2005, A.R.C. suffered from permanent spastic tetraparesis and leukodystrophy. On March 27, 2014, a decision was entered based on the parties’ stipulation awarding compensation to petitioner.

On September 25, 2014, the parties filed a Stipulation of Facts Concerning Final Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of attorneys’ fees and costs in the amount of $88,000.00. In accordance with General Order #9, petitioner’s counsel represents that petitioner personally advanced $2,577.50, in reimbursable costs in pursuit of her 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: (1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,

Ramon Rodriguez, III, of Rawls, McNelis and Mitchell, P.C., in the amount of $88,000.00;

(2) in the form of a check payable to petitioner only in the amount of $2,577.50. 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.3

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master