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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-325V

Filed: September 8, 2014

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

MICHAEL PRATER and * UNPUBLISHED

KIMBERLY PRATER, parents of * 

minor child, C.M.P., * Special Master Gowen

 *

Petitioner, *

 * Attorneys’ Fees and Costs;

v. * Reasonable Amount Requested to 

 * which Respondent Does Not Object.

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

Respondent. *

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

David Porter Murphy, Greenfield, IN, for petitioners.

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

DECISION1

On May 8, 2013, Michael and Kimberly Prater (“petitioners”) filed a petition on behalf of 

their minor son, C.M.P., pursuant to the National Vaccine Injury Compensation Program.

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U.S.C. §§ 300aa-1 to -34 (2006). Petitioners allege that C.M.P. developed chronic Idiopathic 

Thrombocytopenic Purpura (“ITP”) as a result of a varicella vaccine administered to him on July

16, 2010. Petition at 1. On July 21, 2014, a decision was entered awarding compensation based 

on the parties’ stipulation.

 

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 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 

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 

18(b).

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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 the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
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On August 26, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees 

and Costs. According to the stipulation, the parties stipulate to a total award to petitioners of 

attorneys’ fees and costs in the amount of $11,046.26. In accordance with General Order #9, 

petitioners’ counsel filed a statement on September 8, 2014 representing that petitioners

personally incurred fees related to the prosecution of this case in the amount of $161.00. See

Petitioner’s General Order Number 9 Statement, dated Sept. 8, 2014, at 1. The parties stipulate 

that the total award of $11,046.26 includes petitioners’ costs in the amount of $161.00, and 

petitioner’s attorney’s fees in the amount of $10,885.26. See J. Status Rep., filed Sept. 8, 2014. 

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

300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS 

the request for approval and payment of attorneys’ fees and costs. 

Accordingly, an award should be made as follows:

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

David P. Murphy, of David P. Murphy, P.C., in the amount of $10,885.26, and

(2) in the form of a check payable to petitioners only in the amount of $161.00.

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. 

IT IS SO ORDERED.

s/ Thomas L. Gowen

 Thomas L. Gowen

Special Master