Silvestri v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* SAMANTHA SILVESTRI, *

* No. 14-666V Petitioner, * Special Master Christian J. Moran

* v. * Filed: March 24, 2017

* SECRETARY OF HEALTH * Attorneys’ fees and costs; award in AND HUMAN SERVICES, * the amount to which respondent does

* not object.

Respondent. *

********************* Ronald C. Homer and Meredith Daniels, Conway, Homer, P.C., Boston, MA, for Petitioner; Heather L. Pearlman, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1 On March 16, 2017, petitioner moved for attorneys’ fees and costs in the above-captioned matter. Petitioner requested reimbursement for attorneys’ fees and costs in the amount of $56,754.44, an amount to which respondent does not object. The Court awards this amount.

* * * On July 29, 2014, Samantha Silvestri filed a petition for compensation alleging that the hepatitis A vaccine she received on January 6, 2012, caused her to suffer acute disseminated encephalomyelitis (“ADEM”) and multiple sclerosis (“MS”). On September 19, 2016, the undersigned issued a decision awarding compensation to petitioner pursuant the parties’ joint stipulation. Decision, issued Sept. 19, 2016, 2016 WL 5957678.

* * * Because petitioner received compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). Petitioner seeks a total of $56,404.44 ($43,970.50 in attorneys’ fees and $12,433.94 costs) for her counsel. In compliance with General Order No. 9, petitioner states that she incurred $350.00 in out-of-pocket litigation expenses while pursuing this claim. Respondent has no objection to the amount requested for attorneys’ fees and costs.

After reviewing the request, the Court awards the following: a. A lump sum of $56,404.44 in the form of a check made payable to petitioner and petitioner’s attorney, Ronald C. Homer, of Conway, Homer, P.C., for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).

b. A lump sum of $350.00, in the form of a check made payable to petitioner, Samantha Silvestri, for costs she incurred in pursuit of her petition.

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/Christian J. Moran Christian J. Moran Special Master