United States Court of Federal Claims, 2015

Carlson v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided November 3, 2015 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-82V Filed: October 13, 2015

* * * * * * * * * * * * * * * UNPUBLISHED LAURIS CARLSON, *

* Chief Special Master Dorsey Petitioner, *

v. *

* Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Reasonable Amount Requested to AND HUMAN SERVICES, * which Respondent does Not Object.

Respondent. *

* * * * * * * * * * * * * * * Anne C. Toale, Maglio, Christopher & Toale, Sarasota, FL, for petitioner.

Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.

DECISION1

On January 29, 2014, Lauris Carlson (“petitioner”), filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccine administered to her on September 18, 2012, caused her to suffer from shortness of breath, pharyngeal swelling, erythema, angioedema, reactive airway disease, and psychiatric injury. On October 7, 2015, a decision awarding compensation to petitioner based on the parties’ stipulation was entered.

On October 9, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, respondent does not object to a total award of attorneys’ fees and costs in the amount of $26,000.00. In accordance with General Order #9, petitioner filed a statement stating that she incurred no out-of-pocket expenses in pursuing her petition.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s motion for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows: in the form of a check jointly payable to petitioner and Anne C. Toale in the amount of $26,000.00.

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.3

IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.