Lawellin v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * VERDA LAWELLIN, * No. 12-333V

* Special Master Christian J. Moran Petitioner, *

* Filed: August 27, 2015 v. *

* Attorneys’ fees and costs; award SECRETARY OF HEALTH * in the amount to which AND HUMAN SERVICES, * respondent does not object.

* Respondent. *

******************** * Lisa A. Roquemore, Law Offices of Lisa A. Roquemore, Irvine, CA for Petitioner; Lara A. Englund, U.S. Department of Justice, Washington, D.C., for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1 On August 24, 2015, respondent filed a stipulation of fact concerning final attorneys’ fees and costs in the above-captioned matter. Previously, petitioner filed an application for attorneys’ fees and costs on April 16, 2014.2 Upon review of petitioner’s application, respondent raised objections to certain items. Based on subsequent discussions, petitioner amended her application to request $56,000.00, an amount to which respondent does not object. The Court awards this amount.

On May 25, 2012, Verda Lawellin filed a petition for compensation alleging that the tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine, which she received on June 17, 2009, caused her to develop brachial neuritis and significantly aggravated her fibromyalgia. Petitioner received compensation based upon the parties’ stipulation. Decision, issued Dec. 19, 2013. Because petitioner received compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).

Petitioner seeks a total of $53,500.00, in attorneys’ fees and costs for her counsel. Additionally, in compliance with General Order No. 9, petitioner states that she incurred $2,500.00, in out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs.

After reviewing the request, the Court awards the following: a. A lump sum of $53,500.00, in the form of a check made payable to petitioner and petitioner’s attorney, Lisa A. Roquemore, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).

b. A lump sum of $2,500.00, payable to petitioner, Verda Lawellin, for costs she incurred in pursuit of her petition.

The Court thanks the parties for their cooperative efforts in resolving this matter. The Clerk shall enter judgment accordingly.

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master