1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 611 V

Filed: S eptember 21, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

C HASE BOATMON and MAURINA CUPID *

p arents of J.B., deceased

, *

* Special Master Gowen

Petitioner s

, *

* Interim Attorneys ’ Fees and Costs.

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

R onald C. Homer

, C onway, Homer & Chin

- Caplan, P.C.

, B oston, MA

, for petitioner s

. L ara A. Englund

, United States Department of Justice, Washington , DC, for respondent.

DECISION ON INTERIM ATTORNEYS’ FEES AND COSTS 1

On A ugust 27, 2013

, C hase Boatmon an d Maurina Cupid (“ petitioner s ”) filed a petition on

behalf of their minor child, J.B., pursuant to the National Vaccine Injury Compensation Program

. 2

42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner s alleged that as a result of receiving a D iptheria

Tetanus

- acellular

- Pertussis (“ D TaP ”) , inactivated polio ( “ IPV ” ), haemophilus influenza ( “ Hib ” ),

pneumococcal conjugate, and rotavirus vaccines o n S eptember 2, 2011

, J .B. died on September 3,

2011. Amended P e tition at Pre amble, docket no. 15, filed Feb. 6, 2014

. An entitlement hearing

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 w ebsite 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 amended at 44 U.S.C. § 3501 note (2006)). 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 trade secret or commercial or financial in substance and is privileged or

confidential; or (2) that includes medical files or similar files, the disclosu re of which would

constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 375 5, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

w as held on August 6 and 7, 2015. The parties c urrently have pending deadlines to file post

- hearing

briefs on whether petitioners are entitlement to compensation

.

On S eptember 18, 2015

, petitioner s filed an application for i nterim costs to obtain a

transcript of the entitlement hearing in this matter. See generally M otion for Interim Attorneys ’

Fees and Costs ( “ Motion ” ) , docket no. 54, filed Sep. 18, 2015

. Petitioner s request $1,070.00

. Motion at 10. On September 21, 2015, r espondent filed a response to petitioners ’ application,

indicating that she h as no objection to petitioners ’ request

. R esponse to Motion at 1, docket no.

55, filed Sep. 21, 2 0 15

.

The Vaccine Act permits an award of reasonable interim attorneys’ fees and costs. 42

U.S.C. § 300 aa

- 15(e). Based on the reasonableness of petitioners ’ request , the undersigned

GRANTS the request for approval and payment of i nterim costs.

Accordingly, an award should be made as follows:

(1) in the form of a check jointly payable to petitioner s and to petitioner s ’ attorney,

R onald C. Homer , of C onway, Homer & Chin

- Ca plan , in the amount of $ 1 ,070.00

.

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

cour t SHALL ENTER JUDGMENT in accordance herewith

. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.