United States Court of Federal Claims, 2015

Casa v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 6, 2015 · Lisa Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-54V

Filed: July 6, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED L.C., * * Special Master Hamilton-Fieldman Petitioner, * * Attorneys’ Fees and Costs; v. * Reasonable Amount Requested to * which Respondent Does Not Object. SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

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

Andrew Downing, Van Cott and Talamante, Phoenix, AZ, for Petitioner.

Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On January 24, 2014, L.C. (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccination administered to her on October 29, 2012 caused her to suffer from a shoulder injury (“SIRVA”). On June 17, 2015, the undersigned issued a decision awarding compensation to Petitioner.3

On June 26, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $25,000.00 in attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that she has not incurred any out-of-pocket litigation costs in pursuit of her claim.

The undersigned finds that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $9,750.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Andrew D. Downing, of the law firm of Van Cott & Talamante, PLLC. The undersigned also awards the amount of $15,250.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Andrew D. Downing, of the law firm of Hennelly & Steadman, PLC.

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.4

IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

1 This Decision was originally filed on June 29, 2015. Petitioner subsequently requested, and was granted, a redaction of her name in the published version of the Decision. In the reissued Decision, Petitioner’s name is replaced with her initials. The remainder of the Decision is unchanged. 2 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 3 A redacted version of the entitlement decision was made public on June 26, 2015. 4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.