# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 215 V

Filed: October 3, 2014

Not for P ublication

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MELODIE ROSE, on Behalf of Her Minor *

Child

, A.R., *

*

Petitioner

, * Interim a ttorneys’ fees and costs decision

* b ased on s tipulation of f act

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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Andrew D. Downing

, Phoenix, AZ

, for petitioner.

Darryl R. Wishard , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING INTERIM ATTORNEYS ’ FEES AND COSTS 1

On October 3 , 2014 , the parties filed a stipulation of fact in which they agreed on an

appropriate amount for interim attorneys’ fees and costs in this case

.

On October 2, 2014, petitioner filed an Interim Application for Fees and Costs, requesting

$12,714.72 in interim attorneys ’ fees and costs. I n accordance with t he General Order #9

r equiremen t, petitioner ’ s counsel asserts that petitioner has not incurred any costs to this point

.

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

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

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special master s will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly

unwarranted invasion of priva cy. When such a decision is filed, petitioner has 14 days to identify and

move to redact such information prior to the document = s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

redact such material from public access.2

During informal discussions, respondent ra ised objections t o certain items in petitioner’ s

application , incl uding the interim fees m otion based on Avera v. Sec ’ y of HHS , 515 F.3d 1343

(Fed. Cir. 2008), the reasonable basis for continuing the petition

, and the attorney hourly rates

sought

. Based on these objections, petitioner a mend s her application for interim attor ne ys’ fees

and costs to $1 2

, 000

. 00

. Respondent does not object to this amount. The undersigned finds this

amount to be reasonable. T he undersigne d ’ s law clerk contacted respondent ’ s counsel, who

confirmed that respondent does not object to an interim award of fees and costs.

Accordingly, the court awards :

a. $ 4,970.70 , representing reimbursement for interim attorneys’ fees and costs. The

award shall be in the form of a chec k payable join tly to Melodie Rose, Andrew

Downing, and Rhodes Hieronymus, Jones, Tucker & Gable in the amount of

$ 4,970.70 ;

b. $4,443.24

, representing reimbursement for interim attorneys’ fees and costs. The

award shall be in the form of a chec k payable join tly to Melodie Rose, Andrew

Downing, and H ennelly & Steadman in the amount of $ 4,443.24 ; and

c. $2,586.06

, representing reimbursement for interim attorneys’ fees and costs. The

award shall be in the form of a chec k payable join tly to Melodie Rose, Andrew

Downing, and V an Cott & Talamante in the amount of $2,586.06

.

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

court is dire cted to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: October 3, 2014 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek review.