Fiske v. Secretary of Health and Human Services ( 2017 )


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  •     In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 15-1370V
    Filed: April 21, 2017
    * * * * * * * * * * * * * * * *
    WARREN FISKE,                 *
    *                                Special Master Sanders
    Petitioner,         *
    *                                Attorneys’ Fees and Costs;
    v.                            *                                Reasonable Amount to Which
    *                                Respondent Does Not Object.
    SECRETARY OF HEALTH           *
    AND HUMAN SERVICES,           *
    *
    Respondent.         *
    * * * * * * * * * * * * * * * *
    Amber D. Wilson, Maglio Christopher & Toale, PA, Washington DC, for Petitioner.
    Lisa A. Watts, United States Department of Justice, Washington, DC, for Respondent.
    DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
    On November 12, 2015, Warren Fiske (“Petitioner”) filed a petition for compensation
    pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
    (2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered on
    October 21, 2014, he developed neurological injuries, including transverse myelitis (“TM”).
    Decision, ECF No. 31. Special Master Hamilton-Fieldman issued a decision on the parties’
    Stipulation on October 28, 2016. 
    Id. 1 This
    decision shall be posted 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), a party has 14 days to identify and move to delete medical or other information that
    satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a
    motion for redaction must include a proposed redacted decision. If, upon review, the
    undersigned agrees that the identified material fits within the requirements of that provision, such
    material will be deleted from public access.
    2
    The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
    No. 99-660, 100 Stat. 3758, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (2012)
    (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42
    U.S.C. § 300aa of the Act.
    On February 2, 2017, Petitioner filed a Motion for Attorney’s Fees. Mot. Att’y’s Fees,
    ECF No. 38. Petitioner requested attorneys’ fees in the amount of $15,489.80 and attorneys’
    costs in the amount of $921.64, totaling $16,411.44. 
    Id. at 1-2.
    In the motion for fees, Petitioner
    wrote that Respondent “does not object to the overall amount sought, as it is not an unreasonable
    amount to have been incurred for proceedings in this case to date.” 
    Id. at 1.
    Petitioner also
    stated, “Respondent’s lack of objection to the amount sought in this case should not be construed
    as admission, concession, or waiver as to the hourly rates requested, the number of hours billed,
    or the other litigation related costs.” 
    Id. The undersigned
    has reviewed Petitioner’s counsel’s detailed records of time and
    expenses incurred in this case, and they are reasonable. In accordance with the Vaccine Act, 42
    U.S.C. § 300aa-15(e) (2012), the undersigned finds that Petitioner is entitled to attorneys’ fees
    and costs. Accordingly, the undersigned hereby awards the amount of $16,411.44,3 in the
    form of a check made payable jointly to Petitioner and Petitioner’s counsel, Amber D.
    Wilson, of Maglio Christopher and Toale, PA. 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.4
    IT IS SO ORDERED.
    /s/Herbrina D. Sanders
    Herbrina D. Sanders
    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, § 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 of Health & Human Servs., 
    924 F.2d 1029
    (Fed. Cir. 1991).
    4
    Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to
    seek review. Vaccine Rule 11(a).
    2
    

Document Info

Docket Number: 15-1370

Judges: Herbrina Sanders

Filed Date: 5/16/2017

Precedential Status: Non-Precedential

Modified Date: 4/17/2021