In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 13-733V 

(Not to be published) 

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

 * 

HEATHER CROSE, * 

 * 

 Petitioner, * Filed: December 3, 2014 

 * 

 v. * Decision; Attorneys’ 

 * Fees & Costs 

SECRETARY OF HEALTH AND * 

HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. 

Traci Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent. 

ATTORNEYS’ FEES AND COSTS DECISION1

On September 25, 2013, Heather Crose filed a petition seeking compensation under the 

National Vaccine Injury Compensation Program.2 On July 17, 2014, the parties filed a stipulation 

settling the case and detailing the amount to be awarded to Petitioner. I subsequently issued a 

decision finding the parties’ stipulation to be reasonable and granting Petitioner an award as 

outlined by the stipulation. 

 

1

 Because this ruling contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. § 

300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To 

do so, Vaccine Rule 18(b) provides that 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). Otherwise, the ruling will be available to the public. 

Id.

2

 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006)) 

[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. 
2 

On November 7, 2014, Petitioner filed a motion for attorneys’ fees and costs. In 

compliance with General Order #9, Petitioner also submitted a statement outlining the cost borne 

by Petitioner and by her counsel. Petitioner indicated that in this case attorneys’ fees are 

$13,232.70, attorneys’ costs are $745.36, and Petitioner’s costs are $411.25. Accordingly, 

Petitioner requested entry of a fees and cost award in the amount of $14,389.31. Respondent did 

not formally respond to this motion, but has communicated to my chambers that she did not 

object to Petitioner’s motion for attorneys’ fees and costs in this case. 

I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, 

an award of $14,389.31 should be made in the form of a check payable jointly to Petitioner and 

Petitioner’s counsel. 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 

submitted motion.3

IT IS SO ORDERED. 

 /s/ Brian H. Corcoran

 Brian H. Corcoran 

 Special Master 

 

3

 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or 

separately) a notice renouncing their right to seek review.