# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1183 V

Filed: November 20 , 2015

Unpublished

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

LISA CRIDER

, *

*

Petitioner, *

v. * Attorney Fees and Costs; Stipulation

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

*

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

John Howie, Jr.

, Howie Law, P.C., Dallas TX

, for petitioner.

Darryl Wishard

, U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Dorsey

, Chief Special Master:

On December 9, 2014

, Lisa Crider (“ p etitioner ”) filed a petition for compensation

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

- 10, et

seq

. , 2 [ the “Vaccine Act” ]. Petitioner alleged that s he suffered Guillain

- Barré S yndrome

(“GBS”) after receiving the influenza vaccine on Dec ember 5, 2011 . Petit ion at 1, ¶ 28 ;

see also Stipulation , filed Nov. 19 , 2015

, ¶ ¶ 2, 4

. On November 19 , 2015, a decision

awarding compensation to petitioner based on the parties’ stipul ation was issued

.

On November 20 , 2015, the parties filed a Stipulation of Fact s Regarding Final

Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a n

award of $ 3 0,000.00 for attorney’s fees and costs

. In accordance with General Order

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post this decision on the United States Co urt of Federal Claims' website, in accordance with the E

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

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44

U.S.C. § 3501 note (2006)) . In accordance with Vaccine Rule 18(b), petitioner s ha ve 14 day s to iden tify

and move to redact medical or other information, the disclosure of which would constitute an unwarranted

invasion of privacy. If, upon review, I agree that the identified material fits withi n this definition, I will

redact s uch material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

#9, petitioner ’ s counsel represents that petitioner incurred n o out

- of

- pocket expenses in

this cas e. Stipulation, ¶ 3

.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42

U.S.C. § 300 aa

- 15(e). T he proposed amount is reasonable.

Accordingly , I award the total of $ 30,000.00 3 as a lump sum in the form of a

check jointly payable to petitioner and petitioner’s counsel John H owie, Jr. of

Howie Law.

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

IT IS SO ORDERED.

s/ Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all

char ges by the attorney against a clie nt, “advanced costs” as well as fees for legal 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, HHS , 924

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

4 Entry of judgment can be ex pedited by each party’s filing of a notice renouncing the right to seek review.

See Vaccine Rule 11(a).