Verdick v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-1039V Filed: August 11, 2015

Unpublished **************************** BARBARA VERDICK, *

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Petitioner, * Attorney Fees and Costs; Stipulation;

* Special Processing Unit (“SPU”)

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

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**************************** John Howie, Jr., Esq., Howie Law, P.C., Dallas, TX, for petitioner. Alexis Babcock, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS1 Vowell, Chief Special Master:

On October 27, 2014, Barbara Verdick filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that she suffered Guillain-Barré syndrome (“GBS”) resulting from the influenza vaccine she received on October 17, 2011. Petition at 1, ¶ 19. On June 25, 2015, I issued a decision awarding compensation to petitioner based on the parties’ joint stipulation.

On August 5, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $16,188.45. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.

Accordingly, I award the total of $16,188.453 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, John. R. Howie Jr. of Howie Law, P.C.

The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Chief Special Master