Davidson 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. 15-0475V
    Filed: February 12, 2016
    Unpublished
    *********************************
    JUDY G. DAVIDSON,                                 *
    *
    Petitioner,              *
    v.                                *
    *       Attorneys’ Fees and Costs; Stipulation
    SECRETARY OF HEALTH                               *       Special Processing Unit (“SPU”)
    AND HUMAN SERVICES,                               *
    *
    Respondent.              *
    *
    ****************************
    Susan Cremer, Law Offices of Michael Lawson Neff, PC, Atlanta, GA, for petitioner.
    Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION ON ATTORNEYS’ FEES AND COSTS 1
    Dorsey, Chief Special Master:
    On May 11, 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 an influenza vaccine she received on November 14, 2013,
    caused her to develop Guillain-Barré Syndrome (“GBS”). On February 2, 2016, the
    undersigned issued a decision awarding compensation to petitioner based on the
    parties’ joint stipulation.
    On February 12, 2016, the parties filed a Stipulation of Fact Concerning
    Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
    award of $15,563.46. In accordance with General Order #9, petitioner submitted a
    1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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.
    2
    National 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).
    statement confirming that she incurred no out-of-pocket expenses in the prosecution of
    her petition.
    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 any objection by respondent, the undersigned GRANTS the request for approval
    and payment of attorneys’ fees and costs.
    Accordingly, the undersigned awards the total of $15,563.46 3 as a lump
    sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
    Susan M. Cremer.
    The clerk of the court shall enter judgment in accordance herewith. 4
    IT IS SO ORDERED.
    s/Nora Beth Dorsey
    Nora Beth Dorsey
    Chief Special Master
    3
    This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
    charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
    Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
    costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 
    924 F.2d 1029
    (Fed. Cir.1991).
    4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
    renouncing the right to seek review.
    2
    

Document Info

Docket Number: 15-475

Judges: Nora Beth Dorsey

Filed Date: 5/6/2016

Precedential Status: Non-Precedential

Modified Date: 4/18/2021