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


Menu:
  •         In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 14-959V
    Filed: August 5, 2016
    UNPUBLISHED
    *********************************
    AMY LEE DILLSON,                                  *
    *
    Petitioner,              *
    v.                                                *
    *        Attorneys’ Fees and Costs;
    SECRETARY OF HEALTH                               *        Special Processing Unit (“SPU”)
    AND HUMAN SERVICES,                               *
    *
    Respondent.              *
    *
    ****************************
    Danny Ray Ellis, Massey & Associates, P.C., Chattanooga, TN, for petitioner.
    Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION ON ATTORNEYS’ FEES AND COSTS 1
    Dorsey, Chief Special Master:
    On October 8, 2014, 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 alleges that she suffered a left shoulder injury as
    a result of receiving an influenza vaccine on October 12, 2012. On August 21, 2015, the
    undersigned issued a decision awarding compensation to petitioner based on
    respondent’s proffer. (ECF No. 32).
    On August 2, 2016, petitioner filed a motion for attorneys’ fees and costs. (ECF
    No. 39). Petitioner requests attorneys’ fees in the amount of $3,840.00. 
    Id. at 1.
    In
    1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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.
    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).
    compliance with General Order #9, petitioner has filed a signed statement indicating
    petitioner incurred no out-of-pocket expenses. 3
    On August 3, 2016, respondent indicated by email correspondence that
    respondent has no objection to the amount requested in petitioner’s motion. (See
    Informal Remark, dated August 4, 2016).
    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 $3,840.00 4 as a lump sum
    in the form of a check jointly payable to petitioner and petitioner’s counsel Danny
    Ray Ellis, Esq.
    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
    3
    Petitioner’s statement pursuant to General Order No. 9 was incorrectly filed on August 5, 2016, as a
    “stipulation.” (See ECF No. 40.)
    4 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).
    5 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: 14-959

Judges: Nora Beth Dorsey

Filed Date: 10/6/2016

Precedential Status: Non-Precedential

Modified Date: 10/7/2016