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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 676 V

Filed: April 8, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

CHARLES STOREY

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Attorneys’ Fees and Costs ;

v. * Reasonable Amount Requested to

* Which Respondent Does Not Object.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Andrew Donald Downing

, Van Cott & Talamante

, PLLC, Phoenix, AZ, for P etitioner

. Ryan Daniel Pyles

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On July 29, 2014

, Charles Storey (“ P etitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 Petitioner alleged that his preexisting bilateral tinnitus

conditioned worsened a s a result of the administration of the Influenza (“Flu ”) vaccine on

January 10, 2014

. On April 8, 2016, the undersigned issued a decision awarding compensation.

On April 7

, 2015

, Petitioner filed a n Unopposed Motion for Attorneys’ Fees and Costs

. Petit ioner requests compensation in th e amount of $40,000.00 for fees and costs inc urred by his

attorney . Petitioner states that Respondent “has no objection to this amount.” In accordance

with General Order #9, P etitioner’s counsel represents that Petitioner did personally not incur

any costs in pursuit of his vaccine claim

.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims , in accordance with the purposes espoused in the E

- Gov ernment Act of 2002. See 44

U.S.C. § 3501 (20 12 )

. Each party has 14 days within which to request redaction “of any

information furnished by that party: (1) that is a trade secret or commercial or financial in

substance and is privileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would constitute a clearly unwarranted invasion o f privacy.” Vaccine Rule

18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Child hood Vaccine Injury Act of 1986, 4 2 U.S.C. §§ 300aa

- 1 to

- 34 (2012 ).2 The undersigned finds that this petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to

42 U.S .C. § 300aa

- 15(b), (e)(1) (2012). Further, the proposed amount seems reasonable and

appropriate.

Accordingly, the undersigned hereby awards $40,000.00 , representing reimbursement for

attorneys’ fees and costs. The award shall be in the form of a check payable jointly to Petitioner

and Petitioner’s counsel, Andrew D. Downing.

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the t erms of this decision

. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

3 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek

review. Vaccine Rule 11(a).