Cochran v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* JULIE COCHRAN, as daughter and * No. 13-477V heir to JOHN JAMES BIEBER, * Special Master Christian J. Moran deceased, *

* Petitioner, * Filed: December 19, 2014

* v. * Attorneys’ fees and costs; award

* in the amount to which SECRETARY OF HEALTH * respondent does not object. AND HUMAN SERVICES, *

* Respondent. *

********************* Michael G. McLaren, Black McLaren et al., Memphis, TN, for Petitioner; Voris E. Johnson, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1 On December 9, 2014, respondent filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner informally submitted a draft application for attorneys’ fees and costs to respondent for review. Upon review of petitioner’s application, respondent raised objections to certain items. Based on subsequent discussions, petitioner amended her application to request $32,500.00, an amount to which respondent does not object. The Court awards this amount.

On July 17, 2013, Julie Cochran filed a petition for compensation, on behalf of her father, John James Bieber, alleging that the trivalent influenza (“flu”) vaccine, which Mr. Bieber received on October 9, 2012, caused him to suffer a progressive multifocal motor neuropathy resulting in death. Petitioner received compensation based upon the parties’ stipulation. Decision, filed Sept. 19, 2014. Because petitioner received compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).

Petitioner seeks a total of $32,500.00 in attorneys’ fees and costs for her counsel. Additionally, in compliance with General Order No. 9, petitioner states that she 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 $32,500.00 in the form of a check made payable to petitioner and petitioner’s attorney, Michael G. McLaren, 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