Graham v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* * CHARMAINE GRAHAM and * No. 12-144V BRANDON GRAHAM, as the * Special Master Christian J. Moran Parents and Natural Guardians of * K.G., an Infant, *

* Petitioners, * Filed: October 3, 2014 *

v. *

*

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

* respondent does not object. Respondent. *

******************** * Mark T. Sadaka, Englewood, NJ, for Petitioners; Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1 On September 25, 2014, respondent filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter. Previously, petitioners informally submitted a draft application for attorneys’ fees and costs to respondent for review. Upon review of petitioners’ application, respondent raised objections to certain items. Based on subsequent discussions, petitioners amended their application to request $22,018.05, an amount to which respondent does not object. The Court awards this amount.

On March 2, 2012, Charmaine and Brandon Graham filed a petition for compensation, on behalf of their son, K.G., alleging that the influenza vaccine, which K.G. received on October 14, 2009, caused him to suffer narcolepsy. Petitioners received compensation based upon the parties’ stipulation. Decision, filed Mar. 11, 2014. Because petitioners received compensation, they are entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).

Petitioners seek a total of $22,018.05 in attorneys’ fees and costs for their counsel. Additionally, in compliance with General Order No. 9, petitioners state that they incurred no 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 $22,018.05 in the form of a check made payable to petitioners and petitioners’ attorney, Mark T. Sadaka, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e). 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