1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

(Filed: August 17, 2016 )

* * * * * * * * * * * * * * UNPUBLISHED

ASHLEY HOUSE, *

* No. 15

- 1124V

Petitioner, *

*

v. * Chief Special Master Dorsey

*

SECRETARY OF HEALTH * Motion for Attorneys’ Fees & Costs;

AND HUMAN SER VICES, * Reasonable Amount to Which Respondent

* Does Not Object.

Respondent. *

*

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

Amber Diane Wilson , Maglio, Christopher & Toale, Washington, DC, for petitioner.

Christine Mary Becer , U.S. Department of Justice, Washington, DC, for respondent.

DECISION 1

On October 5, 2015, Ashley House (“petitioner”) filed a petition for compensation under

the National Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 10 et seq . (2012) (“Vaccine Act”)

. 2

Petitioner alleged that she suffered from Guillain

- Barre Syndrome (“GBS”) as a result of an

influenza vaccination she received on September 16, 2014. Petition at ¶¶ 2,4. On May 18, 2016,

the undersigned issued a decision in favor of petitioner based on a stipulation.

On August 16, 2016, petitioner filed an Unopposed Motion for Attorneys’ Fees and

Costs. Unopposed Motion (“Pet’r’s Mot.”) dated August 16, 2016 (ECF No. 31). According to

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 E

- Government Act of 2002, 44 U. S.C. § 3501 note

(2012)(Federal Management and Promotion of Electronic Government Services). As provided

by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any

information furnished by that party: (1) that is a trade secre t 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 of privacy.” Vaccine Rule

18(b).

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

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

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2012) (“Vaccine Act” or “the Act”). All citations in this decision

to individual sections of t he Vaccine Act are to 42 U.S.C. § 300aa.2

this motion, respondent does not o bject to a total award of attorneys’ fees and costs in the

amount of $14,063.28. In accordance with General Order #9, petitioner stated that she did not

incur any out

- of

- pocket expenses related to the litigation.

The Vaccine Act permits an award of reas onable attorneys’ fees and costs. 42 U.S.C. §

300aa

- 15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s

lack of objection to petitioner’s fee request, the undersigned GRANTS petitioner’s motion for

attorneys’ fees and co sts.

Accordingly, an award should be made in the form of a check jointly payable to

petitioner, Ashley House, and petitioner’s attorney, Amber D. Wilson, in the amount of

$14,063.28

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of

the Court SHALL ENTER JUDGMENT in accordance with this decision. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.