# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

LANCE BUTERBAUGH, *

* No. 14

- 127V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: May 20 , 2016

*

SECRETARY O F HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which respondent

* has not objected

Respondent. *

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

Ronald Homer , Conway, Homer & Chin

- Caplan , P.C., Boston, MA, for Petitioner;

Linda Renzi , U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON ATTORNEY S’ FEES AND COSTS 1

On February 12, 2015

, p etitioner filed a petition for compensation under the

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

- 10 through 34

(the “Vaccine Act”). Petitioner alleged that he suffered Guillain

- Barre syndrome

(“GBS”)

. On March 24, 2016

, the undersigned issued a decision awarding

compensation to petitioner based on the parties’ stipulation

.

Because petitioner received compensation, petitioner is entitled to an award

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

- 15(e).

1 Because this unpublished decision contains a reasoned explanation for the action in this

case, the undersigned intends to post it on the United States Court of Federal Claims' website, in

accordance wi th the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal

Management and Promotion of Electronic Government Ser vices). In accordance with Vaccine

Rule 18(b), petitioner has 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,

the undersigned agrees that t he identified material fits within this definition, the undersigned will

redact such material from public access.2

On April 25, 2016

, petitioner filed a motion for attorneys’ fees and costs.

Respondent did not respond to the motion. Petitioner requests attorneys’ fees in

the amount of $ 25,616.40 and attorneys’ costs in the amount of $ 19,837.07 for a

total amount of $ 45,453.47 . In compliance with General Order #9, petitioner has

filed a signed statement indicating petitioner incur red $350.00 for out

- of

- pocket

expenses.

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

42 U.S.C. § 300aa− 15(e). Based on the reasonableness of petitioner’s request and

the lack of opposition from respondent , the undersigned GRANTS petitioner’s

mo tion for attorneys’ fees and costs. 2

Accordingly , the undersigned award s the total of $ 45,803.47

. Of this

amount, $ 45,453.47 shall be payable as a lump sum in the form of a check

jointly payable to petitioner and petitioner’s counsel Ronald Homer

. 3 The

amount of $350.00 shall be payable in the form of a check payable to the

petitioner.

T he clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

2 Although no reduction is being made, petitioner’s attorneys are instructed to encourage

Dr. Latov and Ms. Hurley to prepare invoices that co ntain a greater amount of detail. See Pet’r’s

Mot. at pdf 34, 37.

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

l egal 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 of Health & Human Servs.

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

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint

filing of notice renouncing the right to seek review.