Poh v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-649V Filed: September 11, 2015

Unpublished **************************** JOHN POH, *

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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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**************************** Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Vowell, Special Master:

On July 23, 2014, John Poh 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 Guillain-Barre Syndrome [“GBS”] as the result of an Influenza [“Flu”] vaccination. Petition, ¶¶ 2-12. On May 27, 2015, I issued a decision awarding compensation to petitioner based on the parties’ Stipulation.

On September 10, 2015, the parties filed a Stipulation of Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $21,389.63. 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 $21,389.633 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 Special Master