# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

ROBERT PREVETTE

, * No. 12

- 662V

*

Petitioner, * Special Master Moran

*

v. * Filed: April 1 7 , 2015

*

SECRETARY OF HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which

* respondent does not object.

Respondent. *

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

Lawrence R. Cohan

, Anapol, Schwartz, et al

. , Philadelph ia, PA

, for P etitioner;

Michael Milmoe

, U nited States Dep’t of Justice, Washington, DC

, for R espondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On October 2, 2012

, Robert Prevette filed a petition for compensation

alleging that the influenza vaccine, which he received on October 10, 2010, caused

him to suffer Guillain

- Barré syndrome (“GBS”) and Chronic Inflammatory

Demyelinating Polyneuropathy (“CIDP”) . Petitioner received compensation based

upon the parties’ stipulation. Decision

, issued Mar. 24, 2015 . Because petitioner

received compensation, he is entitled to an award of attorneys’ fees and costs. 42

U.S.C. § 300aa

- 15(e).

On April 9, 2015

, pet itioner filed a stipulation of fact concerning final

attorneys’ fees and costs in the above

- captioned matter. Previously, petitioner

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

for review. Upon review of petitione r’s application, respondent raised objections

to certain items. Based on subsequent dis cussions, petitioner amended his

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 mo tion proposing redaction of medical information 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.2

application to request $74,219.00 , an amount to which respondent does not object.

The Court awards this amount.

A status conference was held on April 17, 2015, to discuss two points

regarding petitioner’s motion for fees. First, the undersigned directed petitioner’s

attention to the billing statements from his vocational expert, Ms. Ellen Econs, and

his life care planner, Ms. Roberta Hurley. Petitioner was advised to direct hi s

experts to make their time records more detailed

. Sec ond, the undersigned asked

several questions regarding petitioner’s use of a contractor, Garretson Resolution

Group, to resolve his outstanding Medicaid lien amount. Nonetheless, the

undersigned agreed with respondent that petitioner’s application was rea sonable.

Petitioner seeks a total of $74,219.00 in atto rneys’ fees and costs for his

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

that he incurr ed no 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 lump sum of $74,219.00 in the form of a check made payable to

petitioner and petitioner’s attorney, Lawrence R. Cohan

, for attorneys’

fees and other litigation costs available under 42 U.S.C. § 300aa

- 15(e).

The Court thanks the parties for their cooperative efforts in resolving this

matter. The Clerk shall enter judgment accordingly.

Any questions ma y be directed to my law clerk, Mary Holmes , at (202) 357

-

63 60

.

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master