Davis v. Secretary of Health and Human Services ( 2016 )


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  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 15-662V
    Filed: June 13, 2016
    Not for Publication
    *************************************
    SARAH DAVIS,                                 *
    *
    Petitioner,                    *
    *     Attorneys’ fees and costs decision;
    v.                                          *     respondent does not object
    *
    SECRETARY OF HEALTH                          *
    AND HUMAN SERVICES,                          *
    *
    Respondent.                    *
    *
    *************************************
    Anne Carrión Toale, Sarasota, FL, for petitioner.
    Adriana R. Teitel, Washington, DC, for respondent.
    MILLMAN, Special Master
    DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1
    On June 24, 2015, petitioner filed a petition under the National Childhood Vaccine Injury
    Act, 42 U.S.C. §§ 300aa-10–34 (2012) (“Vaccine Act”) alleging that her receipt of the Menactra
    vaccine on June 20, 2012 caused her to develop an altered mental state. Pet. at ¶ 3. On April 28,
    2016, the undersigned issued an Order Concluding Proceedings.
    On June 13, 2016, petitioner filed an unopposed motion for attorneys’ fees and costs.
    Petitioner requests a total of $19,850.00 in attorneys’ fees and costs. In compliance with General
    Order #9, petitioner’s counsel filed a signed statement from petitioner saying that petitioner
    incurred $133.75 in costs in litigating this case.
    1
    Because this unpublished decision contains a reasoned explanation for the special master’s action in this
    case, the special master intends to post this unpublished decision on the United States Court of Federal
    Claims’s 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). Vaccine Rule 18(b) states that
    all decisions of the special masters will be made available to the public unless they contain trade secrets or
    commercial or financial information that is privileged and confidential, or medical or similar information
    whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is
    filed, petitioner has 14 days to identify and move to redact such information prior to the document=s
    disclosure. If the special master, upon review, agrees that the identified material fits within the banned
    categories listed above, the special master shall redact such material from public access.
    The Vaccine Act permits an award of “reasonable attorneys’ fees” and “other costs.”
    42 U.S.C. § 300aa-15(e)(1). It is not necessary for a petitioner to prevail in the case-in-chief in
    order to receive a fee award as long as petitioner brought the claim in “good faith and there was a
    reasonable basis for the claim.” Id. Based on the reasonableness of petitioner’s request and the
    lack of opposition, the undersigned GRANTS petitioner’s application for attorneys’ fees and
    costs.
    Accordingly, the undersigned awards $19,850.00, as a lump sum in the form of a check
    payable jointly to petitioner and Maglio Christopher & Toale, PA. She also awards $133.75 as a
    lump sum in the form of a check payable solely to petitioner.
    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: June 13, 2016                                                       s/ Laura D. Millman
    Laura D. Millman
    Special Master
    2
    Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
    jointly, filing a notice renouncing the right to seek review.
    2
    

Document Info

Docket Number: 15-662

Judges: Laura D Millman

Filed Date: 7/5/2016

Precedential Status: Non-Precedential

Modified Date: 4/17/2021