1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 325 V

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MICHAEL PRATER and * UNPUBLISHED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 petitioner s

. Michael Milmoe

, United States Department of Justice, Washington

, DC, for respondent.

DECISION 1

On May 8, 2013

, Michael and Kimberly Prater (“ petitioner s ”) filed a petition on behalf of

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

. 2 42

U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner s allege that C.M.P. developed chronic Idiopathic

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

1 6, 2010

. Petition at 1 . On July 21, 2014, a decision was entered awarding compens ation 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 ha s 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

disclos ure 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. 37 55, 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

On August 26 , 2014, the part ies filed a Stipulation of Fact Concerning Attorneys’ Fees

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

attorneys’ fees and c osts in the amount of $11,046.26

. In accordance wi th 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

Petitione r’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 .2 6

. See J. S tatus Rep. , filed Sept. 8, 2014

.

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

30 0 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 petitioner s and to petitio ner’s attorney,

David P. Murphy , o f David P. Murphy, P.C., in the amount of $ 10,885 .26

, and

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

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

the cour t 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