United States Court of Federal Claims, 2015

Somelofski v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided May 21, 2015 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-169V (Not to be published) ***************************** * Filed: April 29, 2015 DAWN SOMELOFSKI, parent of A.S., a minor, * * Petitioner, * Decision; Interim Attorney’s * Fees & Costs v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * ***************************** Patricia Ann Finn, Patricia Finn Esq., Piermont, NY, for Petitioner.

Alexis Babcock, U.S. Dep’t of Justice, Washington, D.C., for Respondent.

INTERIM ATTORNEY’S FEES AND COSTS DECISION1 On March 4, 2014, Dawn Somelofski filed a petition as the parent of A.S., a minor, seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner was ordered to file her expert report in my September 29, 2014 order (ECF No. 18). I granted Petitioner’s request for an extension; however, instead of filing an expert report, Petitioner’s counsel, Ms. Patricia Finn, filed a Motion to Withdraw as Attorney (ECF No. 22). The Motion was granted on April 27, 2015 (ECF No. 27).

1 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises 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.A. § 300aa-10 to 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.

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