Marley v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-1159V

Filed: August 26, 2015

Unpublished

**************************** IAN MARLEY, *

*

Petitioner, * Attorney Fees and Costs; Stipulation;

* Special Processing Unit (“SPU”)

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

**************************** Amber Wilson, Esq., Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Lynn Ricciardella, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Vowell, Chief Special Master:

On December 1, 2014, Ian Marley 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 he suffered adhesive capsulitis and/or a right shoulder injury that was caused-in-fact by his Hepatitis A, and Tetanus- Diptheria-acellular Pertussis (“Tdap”) vaccinations administered on February 28, 2014. Stipulation, filed April 2, 2015, ¶¶ 2, 4. On April 3, 2015, I issued a decision awarding compensation to petitioner based on the parties’ joint stipulation.

On August 25, 2015, the parties filed a Stipulation of Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $12,209.88. 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 $12, 209.883 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Amber Wilson, Esq.

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