Casa v. Secretary of Health and Human Services

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States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-54V Filed: July 6, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED L.C., * * Special Master Hamilton-Fieldman Petitioner, * * Attorneys’ Fees and Costs; v. * Reasonable Amount Requested to * which Respondent Does Not Object.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.

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.

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, 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.

A redacted version of the entitlement decision was made public on June 26, 2015.

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

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.