# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

WAYNE TURNER

, *

*

Petitioner, * No. 12

- 331 V

* Special Master Christian J. Moran

*

v. * Filed: July 25, 2014

*

SECRETARY OF HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which

* respondent does not object.

Respondent. *

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

Elizabeth Muldowney

, Rawls, McNelis, and Mitchell P.C.

, Richmond, VA , for

Petitioner;

Justine Daigneault

, U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On July 24 , 2014, respondent filed a stipulation of fact concerning final

attorney s ’ fees and costs in the above

- captioned matter. Previously, Mr. Turner

informally submitted a draft application for attorneys’ fees and costs to respondent

for review. Upon review of petitioner’s application, respondent ra ised objections

to certain items. Based on subsequent discussions, Mr. Turner amended his

application to request $ 35,789.15 , an amount to which respondent does not object.

The Court awards this amount.

On May 25, 2012

, Mr. Turner filed a petition for compensation alleging that

the trivalent influenza (“flu”) vaccination , which is contained in the Vaccine Injury

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medical inf ormation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 27

,

2010

, caused him to develop a brachial plexopathy or brachial neuritis. Mr. Turner

received compensation based upon the parties’ stipulation. Decision , filed April

28 , 201 4 . Because Mr. Turner received compensation, he is entitled to an award of

attorneys’ fees and costs. 42 U.S.C. § 300aa

- 15(e).

Mr. Turner seek s a total of $35,289.15 in atto rneys’ fees and costs for his

counsel. Additionally, in compliance with General Order No. 9, petitioner states

that he incurred $500.00 in out

- of

- pocket litigation expenses while pursuing this

claim. Respondent has no objection to the amount requested for attorneys’ fees

and costs.

After reviewing the request, the Court awards the following:

a. A lump sum of $ 35,289.15 in the form of a check made payable to

petitioner and petitioner’s attorney, Eliza beth M. Muldowney, for

attorneys’ fees and other litigation costs available under 42 U.S.C. §

300aa

- 15(e).

b. A lump sum of $500.00, payable to petitioner, Wayne Turner , for

costs he incurred in pursuit of his petition.

The Court thanks the parties for thei r cooperative efforts in resolving this

matter. The Clerk shall enter judgment accordingly.

Any questions may be directed to my law clerk, Marc Langston, at (202)

357

- 6392

.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master