1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: February 9, 2015

* * * * * * * * * * * * * * UNPUBLISHED JOHNNY and ANNA MARTIN, * As parents of H.D.M., * No. 14-142V

* Petitioners, * * Special Master Dorsey

v. * * Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Reas onable Amount Requested to which AND HUMAN SERVICES, * Responde nt Does not Object.

* Respondent. *

*

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

Mark L. Krueger, Krueger & Hernand ez, S.C., Baraboo, WI, for petitioners. Claudia Barnes Gangi, United Stat es Department of Justice, Washington, DC, for respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1

On February 19, 2014, Johnny and Anna Martin (“ petitioners”) filed a petition on behalf of their son, H.D.M. (“HDM”), under the Nati onal Vaccine Injury Compensation Program 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that the influenza (“flu”) vaccine administered to HDM on November 9, 2010, caused him to develop transverse myelitis. On December 31, 2014, the parties file d a Joint Stipulation of Dism issal stating that to date, petitioners had not submitted sufficient evidence to support their claim that their son’s injury was

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post this decision 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, 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 priv ileged 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 entire d ecision will be available to the public. Id.

2 The National Vaccine Injury Compensation Progr am is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 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.2 caused by vaccination. On January 5, 2015, an Order Concluding Proceedings was entered dismissing the petiti on without prejudice.

On January 29, 2015, petitioners filed an applicat ion for attorneys’ fees and costs. On February 9, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to the stipulation, the pa rties stipulate to a to tal award to petitioners of attorneys’ fees and costs in the amount of $12,291.81. In acco rdance with General Order #9, petitioners’ counsel states that petitioners personally incurr ed $400.00, in costs in pursu it of their claim.

The Vaccine Act permits an award of reasonabl e attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of peti tioners’ request and the lack of any objection by respondent, 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 petitioners’ attorney, Mark L. Krueger, in the amount of $12,291.81 , and

(2) in the form of a check payable to petitioners only in the amount of $400.00

.

In the absence of a motion for review file d 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 judgme nt is expedited by the parties’ joint filing of notice renouncing the ri ght to seek review.