Patterson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1428V Filed: December 13, 2016 UNPUBLISHED

**************************** JAMES T. PATTERSON, JR., *

*

Petitioner, *

v. * Attorneys’ Fees and Costs;

* Special Processing Unit (“SPU”) SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

**************************** Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

On November 25, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleged that that he suffered Guillain-Barre Syndrome (“GBS”) as a result of his influenza vaccination on December 2, 2014. On December 7, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties’ Stipulation. (ECF No. 27).

On December 12, 2016, petitioner filed an unopposed motion for attorneys’ fees and costs. (ECF No. 31).3 Petitioner requests attorneys’ fees in the amount of Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). $11,170.00 and attorneys’ costs in the amount of $711.11 for a total amount of $11,881.11. Id. at 1. In compliance with General Order #9, petitioner has filed a signed statement indicating petitioner incurred no out-of-pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and costs.

Accordingly, the undersigned awards the total of $11,881.114 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Ward Black Law, P.A.

The clerk of the court shall enter judgment in accordance herewith.5 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs.” (ECF No. 31 at 1).