Moorman v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-132V Filed: January 27, 2016

************************* UNPUBLISHED MADELINE MOORMAN, *

* Special Master Hamilton-Fieldman Petitioner, *

*

v. * Attorneys’ Fees and Costs;

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

*

Respondent. *

************************* Larry D. Wright, Wright & Fisher, LLC, Kansas City, MO, for Petitioner.

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

DECISION1

On February 9, 2015, Madeline Moorman (“Petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that she suffers from “constant debilitating headaches; chronic fatigue; depression” as a result of the Human Papillomavirus (“HPV”) vaccinations, more specifically Gardasil vaccinations, she received on February 3, 2012 and April 2, 2012. Petition (“Pet”) at 1-5. On November 6, 2015, the undersigned issued a decision dismissing the petition.

On January 22, 2016, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $12,020.47 in attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner’s counsel represents that Petitioner incurred $400.00 in litigation costs.

The undersigned finds that this petition was brought in good faith and that there existed a reasonable basis for the claim. 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:

A. Payment in the form of a check payable jointly to Petitioner and her attorney, Larry D. Wright, in the amount of $12,020.47, for all attorneys’ fees and costs, and

B. Payment in the form of a check payable to Petitioner in the amount of

$400.00, for Petitioner’s personal litigation costs.

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/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master