1



# I n the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: February 25 , 2013

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

A.K.

, * UNPUBLISHED

* No. 9

- 605V

Petitioner, *

* Special Master Dorsey

v. *

* Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Reasonable Amount Requested to which

AND HUMAN SERVICES, * Respondent Does not Object.

*

Respondent. *

*

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

Ronald C. Homer

, Conway, Homer & Chin

- Caplan, PC , Boston, MA, for petitioner

. Althea Walker Davis

, U.S. Dep’t of Justice, Washington, D

. C

. , for respondent

.

ATTORNEYS’ FEES AND COSTS DECISION 1

On September 15, 2009

, petitioner file d a petition for compensation under the National

Vaccine Injury Compensat ion Program (“Vaccine Program”) 2

, alleging that she suffe red from

inflammatory arthritis as a result of receiving a hepatitis B vaccination on September 21, 2006

. Petitioner stated that s he experie nced the residual effects of her injuries for more than six

months. Amended Petition at ¶¶ 1, 36

. On August 16, 2012

, th e special master then assigned to

the case issued a decision, based on the parties’ stipulation, awarding compensation to petit ioner

. Decision, August 16, 2012; reissued on January 18, 2013.

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

the undersigned intends to post this decision on the United States Court of Federal Claims’ s

website, in accordance with the E

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

- 347, 116 Stat.

2899, 2913 (Dec. 17, 2002). 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 disclosure of which would constitute a clearly unwarranted

invasion of privacy.” V accine Rule 1 8(b). Otherwise, the entire decision will be available to the

pu blic. Id.

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. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

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

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

O n February 1 , 2013 , the parties filed a Stipulation of Fact Concerning Attorneys’ Fees

and Costs. According to the stipulation, respondent does not o bject to a total award of atto rneys’

fees and costs in the amount of $ 49,450.00

. In accordance wi th General Order #9, petitioner

fil ed a statement stating that she incurred $250.00 in out

- of

- p ocket expenses in pursuing her

petition.

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

300 aa

- 15(e). Based on t he reasonableness of petitioner’ s request and respondent’s counsel’s

lack of objection to petitioner’ s counsel’s fee request, the undersigned GRANTS petitioner’ s motion for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made in the form of a chec k payable to petitioner only,

in the amount of $250.00

, and a check jointly payable to petitioner and the law firm of Conway,

Homer, & Chin

- Caplan, P.C. , in the amount of $ 49,450

. 00

.

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

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.