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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 715V



### Filed: February 12 , 2016

* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED

CHARLES THOMAS

, administrator of *

the Estate of CHERYLL THOMAS, *

deceased, *

Petitioner, * Special Master Gowen

v. *

* Attorneys’ Fees and Costs

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Lawrence R. Cohan and David J. Carney

, Anapol Weiss

, Philadelphia, P A

, for petitioner.

Alexis B. Babcock , United States Department of Justice, Washington, DC

, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On August 8, 2014

, Charles Thomas (“ petitioner ”) filed a p etition as administrator of the

Estate of Cheryll Thomas, deceased, for compensation under the National Vaccine Injury Act of

1986, 42 U.S.C. §§ 300aa

- 1 0 et seq . ( 2012 ) (“Vaccine Act”). Petitioner alleged that as a result

of receiving an influenza (“flu”) vaccination on September 21, 2012

, Ms. Thomas suffered

chronic inflammatory demyelinating polyneuropathy (“CIDP”)

. Petition at Preamble

. On

February 4 , 2016

, the undersigned issued a dismissal decision on petitioner’s motion . Judgment

entered on February 5, 2016.

On February 10, 2016, the parties filed a Stipulation of Fact concerning attorneys’ fees

and costs. Petitioner requests a total award of attorneys’ fees and costs of $38,000.00. Stip. of

Fact ¶ 5 . Pursuant to General Order #9, petitioner’s counsel also represents that petitioner did

not incur any out

- of

- pocket litigation costs in this matter. Id. at ¶ 4. The parties’ stipulation

indicates that respondent does not object to the amende d amount of $38,000.00 in attorneys’ fees

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intend s to post this decision on the United States Court of Federal Claims' website, in

accordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 note (2012 ) (Federal Management and

Promotion of Electronic Government Services ). In accordance with Vaccine Ru le 18(b), petitioner has 14

days to identify and move to delete medical or other information, that satisfies the criteria in § 300aa

12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a

proposed redacted decisi on. If, upon review, I agree that the identified material fits within the

requirements of that provision, I will delete such material from public access.2

and costs that petitioner is requesting. Id. at ¶ 3.

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 petitioner’s request, t he undersigned GRANTS

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

Accordingly, an award should be made as follows:

(1) A lump sum of $38,000.00 in the form of a check payable jointly to

petitioner and petitioner’s counsel of record, Lawrence Cohan.

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

the cour t SHALL ENTER JUDGMENT in accordance herewith

. 2

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of not ice

renouncing the right to seek review.