Rawson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-707V Filed: May 14, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED AMY L RAWSON, natural mother and * guardian of M.R.R., a minor, *

* Special Master Hamilton-Fieldman Petitioner, *

* Decision on Interim Attorneys’ Fees v. * and Costs; Reasonable Amount

* Requested to Which Respondent SECRETARY OF HEALTH * Does Not Object.

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * * * Thomas P. Gallagher, Thomas P. Gallagher, Esquire LLC, Somers Point, NJ, for Petitioner. Debra Begley, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On August 5, 2014, Amy L. Rawson (“Petitioner”) filed a petition, on behalf of her minor child M.R.R., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that M.R.R. suffered from Immune Thrombocytopenic Purpura as a result of the Human Papillomavirus (“HPV”) and Hepatitis A vaccinations administered on August 15, 2011 and July 26, 2012. Petition (“Pet.”) at 1.

On May 13, 2015, the parties filed a stipulation of fact stating that they had agreed on a reasonable amount of attorneys’ fees and costs to have been incurred by Petitioner’s counsel to date. Stipulation, ECF No. 32. Respondent maintains her objection to any award of interim attorneys’ fees and costs. Nevertheless, the parties agree to the reasonableness of the revised total of interim attorneys’ fees and costs as set forth in paragraphs 3, 4, and 5 of the joint stipulation.

The undersigned finds that Petitioner is entitled to an award of interim attorney’s fees and costs under the unique facts and circumstances of this case. See Butler v. Sec’y, HHS, No. 02- 1051, 2012 WL 4458203 (Fed. Cl. Spec. Mstr. June 25, 2012) (awarding interim attorneys’ fees and costs over respondent’s objection); Shaw v. Sec’y, HHS, 609 F.3d 1372, 1375 (Fed. Cr. 2010) (holding that “[w]here the claimant establishes that the cost of litigation has imposed an undue hardship and that there exists a good faith basis for the claim, it is proper for the special master to award interim attorneys’ fees”). The undersigned finds that paragraphs 3, 4, and 5 of the stipulation are reasonable and adopts them as the decision of the Court in awarding interim fees and costs, on the terms set forth therein.

Accordingly, the undersigned hereby awards the total of $17,000.00 issued in the form of a check payable jointly to Petitioner and Petitioner’s attorney, Thomas P. Gallagher, for interim attorneys’ fees and costs.

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/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master