United States Court of Federal Claims, 2016

Batish v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided January 8, 2016 · Lisa Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 09-221V Filed: January 8, 2016

* * * * * * * * * * * * * * * * D.B., * UNPUBLISHED

Petitioner, * Special Master Hamilton-Fieldman

v. * Attorneys’ Fees and Costs;

* Reasonable Amount Requested to SECRETARY OF HEALTH * Which Respondent Does Not Object. AND HUMAN SERVICES, *

Respondent. *

* * * * * * * * * * * * * * * * Diane C. Cooper, Bruce G. Clark & Associates, P.C., for Petitioner.

Alexis Babcock, United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1

On April 14, 2009, D.B. (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). On January 9, 2014, the undersigned issued a decision dismissing the petition, and on January 14, 2014, judgment entered on the dismissal.

On January 12, 2015, the above captioned-counsel entered her appearance on behalf of Petitioner, and on January 13, 2015, Petitioner filed a motion to vacate the judgment. The undersigned denied Petitioner’s motion on September 4, 2015.

On December 21, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $14,000.00 in attorneys’ fees and costs. In accordance with General Order Number 9, the parties represent that Petitioner has not personally incurred any costs during the time that Ms. Cooper has represented her.

The undersigned finds that the motion to vacate judgment was brought in good faith and that there existed a reasonable basis for filing it. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $14,000.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Diane C. Cooper, of the law firm of Bruce G. Clark & Associates, P.C.

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/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

1 This decision was originally filed on December 21, 2015. In the reissued decision, Petitioner’s name is, at her request, replaced with her initials; the remainder of the decision is unchanged. 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 (2012) (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.

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