In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-1147V

Filed: October 27, 2015

Unpublished

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

THALIA MONSHA STALLWORTH *

LEWIS, as personal administrator of the *

Estate of ALTON JEROME LEWIS, *

deceased, *

Petitioner, *

v. * Attorney Fees and Costs; Stipulation

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

*

Respondent. *

*

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

Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.

Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Dorsey, Chief Special Master:

On November 25, 2014, Thalia Monsha Stallworth Lewis, as the personal 

administrator of the Estate of Alton Jerome Lewis [“Mr. Lewis”], deceased, filed a 

petition for compensation under the National Vaccine Injury Compensation Program, 42 

U.S.C. §300aa-10, et seq.,

2

[the “Vaccine Act” or “Program”]. Petitioner alleged that as 

the result of an influenza [“flu”] vaccination on September 4, 2013, Mr. Lewis suffered 

Guillain-Barre Syndrome [“GBS”] and death. Petition at 1. On August 6, 2015, a 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 

U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify 

and move to redact medical or other information, the disclosure of which would constitute an unwarranted 

invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will 

redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

decision awarding compensation to petitioner based on the parties’ stipulation was 

issued.

On October 27, 2015, the parties filed a Stipulation of Facts Regarding Final 

Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an 

award of $23,500.00 for attorney’s fees and costs and $58.60 for petitioner’s out-ofpocket litigation expenses. In accordance with General Order #9, petitioner’s counsel 

represents that petitioner incurred $58.60 in out-of-pocket expenses in this case. 

Stipulation, ¶ 4.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 

U.S.C. § 300 aa-15(e). The proposed amount is reasonable.

Accordingly, I award the total of $23,558.603 as follows:

1. a check in the amount of $23,500.00 jointly payable to petitioner and 

petitioner’s counsel M. Clay Ragsdale and

2. A check in the amount of $58.60 solely payable to petitioner.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

 

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all 

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. 

Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including 

costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 

F.2d 1029 (Fed. Cir.1991).