Chang v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS (Filed: December 2, 2015)

* * * * * * * * * * * * * * * ROBYN CHANG, Parent and Next * No. 14-717V Friend of E.F., a Minor, *

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Petitioner, * Special Master Roth

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v. *

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

* Respondent. *

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* * * * * * * * * * * * * * * Richard Gage, Richard Gage & Associates, Cheyenne, Wyoming, for Petitioner. Darryl Wishard, United States Department of Justice, Washington, DC, for Respondent.

ATTORNEYS’ FEES AND COSTS DECISION1

On September 18, 2015, the Chief Special Master entered a decision dismissing this case for insufficient proof. This case was transferred to the undersigned on October 19, 2015. On December 2, 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 $18,000.00. In accordance with General Order #9, petitioner incurred no out-of-pocket litigation expenses.

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 Richard Gage in the amount of $18,000.00.

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.2

IT IS SO ORDERED. s/Mindy Michaels Roth Mindy Michaels Roth Special Master