1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 081V

Filed: November 18 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

MICHAEL PARKER RITTINER

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Attorneys ’ Fees and Costs;

v. * R easonable Amount Requested to

* Which Respondent Does Not Object.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Nancy R. Meyers

, Ward Black Law

, Greensboro, NC, for P e titioner

. Jennifer L. Reynaud

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On January 30, 2013, Michael Parker Ritt i ner ( “Petitioner”) filed a petition pursuant to

the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 et seq. (2006)

(“Vaccine Act”). Petitioner alleged that he suffered from fatigue, loss of appetite, difficulty

concentrating, and nausea, and that this injury had been caused by the H1N1 vaccine received on

Dec ember 17, 2009 and the Trivalent Influenza vaccine received on January 22, 2010. Petition

(“Pet”) at 1

- 4. On September 25, 2014, the undersigned issued a decision dismissing the

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 tra de 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 o f privacy.” Vaccine Rule

18(b).

2 The Natio nal Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childho od 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 thi s decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

petition.

On November 17

, 2014

, the parties filed a Stipulation of Fac t Concerning Final

Attorneys’ Fees and Costs. This stipulation requests a total payment of $26,000.00, representing

total attorneys’ fees and costs. In compliance with General Order #9, Petitioner represents that

no personal, out

- of

- pocket expenses were incurred in proceeding on the petition.

The undersigned finds that the petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to

42 U.S.C. § 300aa

- 15(b) and (e)(1). Further, the proposed amount seems reasonable and

appropriate. Accordingly, the undersigned hereby awards the amount of $26,000 .00 , in the

form of a check made payable jointly to Petitioner and Petitioner’s counsel, Nancy R.

Meye rs.

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation.

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Ham ilton

- Fieldman

Special Master