Bopp v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-1163V Filed: April 5, 2017 Not for Publication

************************************* LLOYD FRED BOPP, *

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Petitioner, *

* Attorneys’ fees and costs decision; v. * respondent does not object

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

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************************************* Nancy R. Meyers, Greensboro, NC, for petitioner.

Amy P. Kokot, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1 On September 20, 2016, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012) (“Vaccine Act”) alleging that his receipt of influenza (“flu”) vaccine on September 4, 2015 caused him to develop hives, bilateral lower extremity swelling, bloating, and shortness of breath. Pet. at ¶¶ 3, 4. On March 8, 2017, the undersigned issued an Order Concluding Proceedings based on petitioner’s Notice of Voluntary Dismissal under Vaccine Rule 21(a)(1)(A).

On April 4, 2017, petitioner filed an unopposed motion for attorneys’ fees and costs. Petitioner requests $10,958.00 in attorneys’ fees and $2,814.98 in costs for a total of $13,772.98. In compliance with General Order #9, petitioner states he incurred no out-of-pocket expenses in pursuing his claim. Petitioner writes that respondent’s “lack of objection . . . should not be construed as an admission, concession, or waiver to the hourly rates requested, the number of hours billed, or the other litigation related costs.” Fee App. at 1.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of opposition from respondent, the undersigned GRANTS petitioner’s application for attorneys’ fees and costs.

Accordingly, the undersigned awards the total amount of $13,772.98 as a lump sum in the form of a check payable jointly to petitioner and Ward Black Law.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2 IT IS SO ORDERED.

Dated: April 5, 2017 s/ Laura D. Millman

Laura D. Millman Special Master