United States Court of Federal Claims, 2015

Cabrera v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided June 25, 2015 · Thomas L. Gowen

Opinion

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 13-598V Filed: June 3, 2015

**************************** ERIC P. CABRERA and * CAROL CABRERA, natural parents * and guardians of L.C., * a minor, * Interim Fees & Costs

Petitioners, *

v. *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

**************************** Thomas P. Gallagher, Esq., Somers Point, NJ for petitioners.

Darryl Wishard, Esq., U.S. Dep’t of Justice, Washington, DC for respondent.

DECISION on INTERIM ATTORNEY FEES and COSTS1

Gowen, Special Master:

In this case under the National Vaccine Injury Compensation Program [hereinafter “the Program”],2 petitioners provided respondent with a draft motion for an award of interim attorney fees and costs on May 11, 2015 [the “Application”]. See Avera v. Sec’y, HHS, 515 F.3d 1343, 1352 (Fed. Cir. 2008). On June 1, 2015, the parties filed a Stipulation of Fact Concerning Interim Attorneys’ Fees and Costs [“Stipulation”], wherein they explain that based on discussion of respondent’s objections, petitioners amend their Application to request an award of $25,000.00. Further, petitioners’ counsel represented pursuant to General Order #9 that petitioners are not seeking interim out-of-pocket expenses at this time. Stipulation at p.5. Respondent does not object to the amended amount, noting that respondent has elected not to raise her objections under Avera and Section 15(e)(1) based on the particular circumstances presented here. Stipulation at p.4.

I find that petitioners are entitled to an award of interim attorney fees and costs under the facts and circumstances of this case and that the agreed upon amount is reasonable. Accordingly, I hereby award the total of $25,000.00 issued in the form of a check payable jointly to petitioners, Eric P. Cabrera and Carol Cabrera and petitioners’ attorney, Thomas P. Gallagher, Esq., for interim attorney fees and costs.

The clerk of court shall enter judgment accordingly.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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), petitioner has 14 days to identify and move to delete medical or other information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa-10 et seq. (2006). 3 Entry of judgment can be expedited by each party’s filing a notice renouncing the right to seek review. See Vaccine Rule 11(a).

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