# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1147 V

Filed: Octo ber 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Unpublished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 Rag sdale, IV, Ragsdale LLC, Birmingham, AL, f or petitioner.

Gordon Shemin , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Dorsey

, Chief Special Master:

On November 25, 2014

, Thalia Mon sha 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 a n i nfluenza [ “f lu” ] 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 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)) . In accordance with Vaccine Rule 18(b), petitioner s ha ve 14 day s to identify

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

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

redact s uch 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

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

issued

.

On Octo ber 2 7 , 2015, the parties filed a Stipulation of Fact s Regarding Final

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

award of $ 23,500.00 for attorney’s fees and costs and $58.60 for p e titioner ’ s out

- of

pocket litigation expenses

. In accordance with General Order #9, petitioner ’s counsel

repres ents 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). T he proposed amount is reasonable.

Accordingly , I award the total of $ 23

, 558.60 3 as follows:

1. a c heck 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

char ges by the a ttorney 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).