Terry v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-23V Filed: August 14, 2015

************************* UNPUBLISHED BRANDIE TERRY, *

* Special Master Hamilton-Fieldman Petitioner, *

*

v. * Attorneys’ Fees and Costs;

* Reasonable Amount Requested to SECRETARY OF HEALTH * which Respondent Does Not Object. AND HUMAN SERVICES, *

*

Respondent. *

************************* Sean Greenwood, The Greenwood Law Firm, Houston, TX, for Petitioner Darryl Wishard, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On January 8, 2015, Brandie Terry (“Petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that a Tetanus, Diphtheria, Pertussis (“TDaP”) vaccine administered on October 29, 2012 caused her to suffer from an immunity disorder or allergic reaction manifesting in exhaustion, vision problems, joint pain, rashes, and headaches. On July 22, 2015, the undersigned issued a decision dismissing the petition.

On August 13, 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 $11,334.97 in fees and costs. Of this amount, $11,075.00 is compensation for fees and costs incurred by Petitioner’s counsel; $259.97 is compensation for the out-of-pocket expenses incurred by Petitioner.

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 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amounts seem reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $11,075.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Sean Greenwood, of The Greenwood Law Firm. The undersigned also awards the amount of $259.97, in the form of a check payable solely to Petitioner.

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. 2

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