Bruno v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1537V Filed: November 28, 2016

************************* CATHY BRUNO, parent and natural * guardian of C.B., a minor, * UNPUBLISHED

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* Special Master Hamilton-Fieldman Petitioner, *

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v. * Attorneys’ Fees and Costs;

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

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Respondent. *

************************* Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for Petitioner. Heather L. Pearlman, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On December 17, 2015, Cathy Bruno (“Petitioner”) petitioned for compensation on behalf of C.B. under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that the administration of a human papillomavirus (“HPV”) vaccine on July 11, 2014 caused C.B. to develop left cranial nerve VI palsy. Petition at Preamble, filed Dec. 17, 2015. On September 19, 2016, the parties filed a stipulation for an award of compensation to Petitioner. A decision adopting the parties’ stipulation was issued on that same day.

On November 23, 2016, Petitioner filed an unopposed request for attorneys’ fees and costs in the amount of $18,000.00. Petitioner’s Application (“Pet. App.”) at ¶ 4, filed Nov. 23, 2016. Petitioner did not personally incur costs related to the proceedings on this Petition. Pet. App. Ex. B. “Respondent notes that [her] lack of objection should not be construed as an admission, concession, or waiver as to any of the matters raised by Petitioner’s request for attorney’s fees and costs, including but not limited to the hourly rate requested, the number of hours requested, and other litigation related costs.” Id. at ¶ 6.

In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e) (2012), the undersigned finds that Petitioner’s request for attorneys’ fees and costs is reasonable. Accordingly, the undersigned hereby awards the amount of $18,000.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Jeffrey A. Golvash, of Brennan, Robins & Daley, 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 herewith.2

IT IS SO ORDERED.

/s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master