In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

ROBERT PREVETTE, * No. 12-662V

*

Petitioner, * Special Master Moran

*

v. * Filed: April 17, 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., Philadelphia, PA, for Petitioner;

Michael Milmoe, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1

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, petitioner 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 petitioner’s application, respondent raised objections 

to certain items. Based on subsequent discussions, petitioner amended his

 

1 The 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 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 his 

experts to make their time records more detailed. Second, 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 reasonable. 

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

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

that he incurred 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 may be directed to my law clerk, Mary Holmes, at (202) 357-

6360.

 

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master