1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 74 6 V

Filed: July 8, 2016

* * * * * * * * * * * * * * * * UN PUBLISHED

CORY DANIELSON

, *

* 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. *

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

Lawrence Disparti , Disparti Law Group, PA, Holiday, FL

, for P etitioner

. Lara Englund

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On August 19, 2014

, Cory Danielson (“ P etitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2012 ).

Petitioner alleged that human papillomavirus (“HPV”) vaccines administered to him on August

30, 2012 and October 31, 2012 caused him to suffer from pancreatitis. On February 17, 2016,

the undersigned issued a decision awarding compensation to Petitioner.

On June 16, 2016 , P etitioner filed a timely motion for attorn eys’ fees and costs

(“ M otion”)

. 3 Petitioner requests compensation for attorneys’ and paralegals’ fees and costs in

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 wit h the E

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

- 347, § 205, 116 Stat. 2899, 2913

(codified as amende d at 44 U.S.C. § 3501 note (2012 )). As provided by Vaccine Rule 18(b), each party

has 14 days within which to request redaction “of any information furnish ed 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 Childhood

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

- 660, 100 Stat. 3755, codified as amended, 4 2 U.S.C. §§

300aa

- 1 to

- 34 (2012 ) (Vaccine Ac t or the Act). All citations in this decision to individual sections of the

Vaccine Act are to 42 U.S.C.A. § 300aa.

3 Pursuant to Vaccine Rule 13(a), any request for attorneys’ and costs must be filed no later than 180 days

after the entry of judgment.2 the amount of $22,356.71

. Petitioner and her counsel have verified that Petitioner did not

personally incu r any costs in pursuit of his claim. See General Order #9 Statement , filed July 5,

2016

.

On June 28, 2016, Respondent filed a Response to the Motion in which she states that she

“does not object to the overall amount sought, as it i s not an unreasonable amount to have

incurred for proceedings in this case to date.”

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

§ 300aa

- 15(e). The undersigned finds that this petition was brought in good fait h 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) and (e)(1). Further, the proposed amount seems reasonable

and appropriate. Accordingly, the undersigned hereby awards the amount of $ 22,356.71 , in

the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Lawrence

Disparti, of the Disparti Law Group, PA.

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

the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek

review. Vaccine R ule 11(a).