# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 14-733V
Filed: March 28, 2016

Not for Publication

************************************* FREDRICK RICHARDSON, *
* Petitioner, *
*
v. *
*
SECRETARY OF HEALTH * AND HUMAN SERVICES, *
* Respondent. *
*
************************************* Ronald C. Homer, Boston

, MA for petitioner.
Heather L. Pearlman , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS ’ FEES AND COSTS 1

On August 13, 2014, petitioner filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012). Petitioner alleged that he suffered from chronic shoulder pain consistent with adhesive capsulitis that was caused by his receipt of influenza (“flu”) vaccine on November 4, 2011. On November 12, 2015, the undersigned issued a decision awarding compensation to petitioner based on the partie s’ stipulation

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On March 18, 2016, petitioner filed a motion for attorneys’ fees and costs. Petitioner requests attorneys’ fees in the amount of $17,407.30 and attorneys’ costs in the amount of $621.51 for a total amount of $18,028.81. In compliance w ith General Order #9, petitioner has

1 Because this unpublished decision contains a reasoned explanation f or the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance w ith the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal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 info rmation 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 informati on 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. Attorneys’ fees and costs decision ; respondent does not object2 filed a signed statement indicating petitioner incur red no out-of- pocket expenses. On March 28, 2016, respondent filed a response stating respondent has no ob jection to petitioner’s motion for attorneys’ fees and costs

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The Vaccine Act permits an award of “reasonable attorneys’ fees” and “other costs.” 42 U.S.C. § 300aa-15(e)(1). 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. The undersigned awards $18,028.81 , representing reimbursement for attorneys’ fees
and costs. The award shall be in the form of a chec k made payable jointly to petitioner and
C onway, H omer & Chin- Caplan , P.C. in the amount of $18,028.81

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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: March 28, 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.