Thompson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-963V Filed: April 2, 2015

Unpublished ********************************* ANDREA THOMPSON, *

*

Petitioner, *

v. *

* Attorney Fees and Costs; Stipulation SECRETARY OF HEALTH AND * HUMAN SERVICES, *

*

Respondent. *

* ********************************* Francisco Gonzalez, Esq., Law Office of Frank Gonzalez, Great Neck, NJ for petitioner. Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Vowell, Chief Special Master:

On October 8, 2014, Andrea Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. On March 13, 2015, I issued a decision awarding compensation to petitioner based on respondent’s proffer to which petitioner agreed.

On April 2, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $21,097.00 in attorneys’ fees and costs. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.

Accordingly, I award the total $21,097.003 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Francisco Gonzalez.

The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Chief Special Master