Roberts v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 09-427V (Not to be published) ***************************** *

AMBER ROBERTS, * * Filed: February 25, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs *

SECRETARY OF HEALTH AND *

HUMAN SERVICES , * *

Respondent. * * *****************************

Thomas Kelly Herren, Lexington, KY, for Petitioner

Ann Donohue Martin, Washington, DC, for Respondent

ATTORNEY’S FEES AND COSTS DECISION 1

On July 1, 2009, Amber Roberts filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On October 1, 2014, the Respondent filed a proffer detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding Respondent’s proffer to be reasonable and granting Petitioner the award outlined by the proffer.

On February 23, 2015, Petitioner filed a Motion for Attorney Fees. After engaging in informal discussions, the Parties filed a stipulation for fees on February 25, 2015. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $56,000.00, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which respondent does not object. In addition, and in compliance with General Order #9, Petitioner has represented that she did incur any reimbursable costs in proceeding on this petition.

I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Thomas K. Herren, Esq. 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. 2

IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master