1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 1000 V

Filed: June 30, 2016

* * * * * * * * * * * * * * * * UN PUBLISHED

THERESA HERREN, Grandparent and *

Legal Guardian of A.H., a minor

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Attorneys’ Fees and Costs ;

v. * Reasonable Amount Requested to

* which Respondent Does Not Object.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * * *

Ronald Homer

, Conway, Homer & Chin

- Caplan, P.C.

, Boston, MA, for P etitioner

. Heather Pearlman

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On December 17, 2013

, David and Theresa Herren 2 filed a petition for compensation on

behalf of their granddaughter

, A.H., pursuant to the National Vaccine Injury Compensation

Program

. 3 42 U .S.C. §§ 300aa

- 1 to

- 34 (2012 ). Mr. and Mrs. Herren alleged that the

administration of Hepatitis A ( “ Hep A ” ) and Varicella vaccines on May 25, 2011 caused A.H. to

suffer from Guillain

- Barr é syndrome ( “ GBS ” ). On February 22, 2016, the undersigned issued a

decision awarding compensation to Petitioner.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the

undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in

accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913

(codified as amende d at 44 U.S.C. § 3501 note (2012 )). As provided by Vaccine Rule 18(b), each party

has 14 days within which to request redaction “of any information furnished by that party: (1) that is a

tra de secret or commercial or financial in substance and is privileged or confidential; or (2) that includes

medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion o f

privacy.” Vac cine Rule 18(b).

2 The caption of Mr. and Mrs. Herren ’ s petition was subsequently amended to reflect Theresa Herren

( “ Petitioner ” ) as the sole petitioner. See Order, filed March 11, 2015, at 1.

3 The Natio nal Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood

Vaccine Injury A ct of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 4 2 U.S.C. §§

300aa

- 1 to

- 34 (2012 ) (Vaccine Act or the Act). All citations in thi s decision to individual sections of the

Vaccine Act are to 42 U.S.C.A. § 300aa.2 On June 20 , 2016 , P etitioner filed a timely motion for attorn eys’ fees and costs

(“ m otion”)

. 4 Petitioner requests compensation for attorneys’ fees and costs in the amount of

$ 35,275.84

. Petitioner and her counsel have verified that Pe titioner did not personally incu r any

costs in pursuit of her claim. See General Order #9 Statement , f iled June 20, 2016

.

On June 30, 2016 , Respondent filed a Response to Petitio ner ’ s motion in which she states

that she “ 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. ”

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C.

§ 300aa

- 15(e). The undersigned finds that this petition was brought in good faith and that there

existed a reasonable basis for the claim. The refore, an award for fees and costs is appropriate,

pursuant to 42 U.S.C. § 300aa

- 15(b) and (e)(1). Further, the proposed amount seems reasonable

and appropriate. Accordingly, the undersigned hereby awards the amount of $ 35,275.84 , in

the form of a check made payable jointly to Petitioner and Petitioner’s counsel, R onald

Homer, of the law firm of Conway, Homer & Chin

- Caplan, P.C.

In the absence of a motion for review filed pursuant to RCFC Appendix B, t he clerk of

the court shall enter judgment in accordance herewith. 5

IT IS SO ORDERED.

/s/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

Special Master

4 Pursuant to Vaccine Rule 13(a), any request for attorneys’ and costs must be filed no later than 180 days

after the entry of judgm ent.

5 Entry of judgme nt can be expedited by each party’s filing of a notice renouncing the right to seek

review. Vaccine Rule 11(a).