United States Court of Federal Claims, 2015

Mathis v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 11, 2015 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: January 21, 2015 * * * * * * * * * * * * * * UNPUBLISHED DEMETRICE MATHIS, * No. 09-467V Parent of N.M., a Minor, *

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. *

* * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Glenn Alexander MacLeod, United States Department of Justice, Washington, DC, for respondent.

ATTORNEYS’ FEES AND COSTS DECISION1

On July 21, 2009, Demetrice Mathis (“petitioner”) filed a petition on behalf of her daughter, N.M., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). The petition alleged that N.M. suffered a seizure disorder as a result of receiving a diphtheria-tetanus-acellular pertussis (Dtap) vaccination on August 10, 2006. On July 24, 2014, a decision was entered dismissing the case for insufficient proof.

On December 19, 2013, petitioner was awarded interim attorneys’ fees and costs in the amount of $90,650.00. On January 9, 2015, petitioner filed an application for final attorneys’ fees and costs in the amount of $5,579.90. Respondent filed a status report on January 21, 2015, stating that respondent has reviewed petitioner’s final fee petition and will not file any objection.

Petitioner’s final fee application requests $4,579.90, in attorneys’ fees, and $1,000.00 in attorneys’ costs, for a total of $5,579.90. Pursuant to General Order #9, petitioner’s counsel states that petitioner’s final costs are $0.

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 and the lack of any objection by respondent, 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 the law firm of Conway, Homer & Chin-Caplan, PC., in the amount of $5,579.90.

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

1 Because this decision contains a reasoned explanation for the undersigned’s 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, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), 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). Otherwise, the entire decision will be available to the public. Id. 2 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. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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