1 

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 10

- 687V

Filed: February 25, 2013

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

AMBER CORNELISON, *

*

Petitioner, *

v. * Attorney Fees and Costs

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Special Master:

In this case under the National Vaccine Injury Compensation Program, 2 a

decision was issued on October 9, 2012 , awarding compensation pursuant to the

parties’ joint stipulation . On February 22, 2013 , the parties filed a stipulation for

attorney fees and costs. The stipulation indicates that after info rmal discussions of

petitioner’s in itial request, petitioner request s an amended amount to which respondent

does not object. Additionally , pursuant to General Order #9, the stipulation notes that

petitioner incurred no personal litigation costs.

I find 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) and (e)(1 ). Further, the proposed amount seems

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 Court 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), a party has 14 days to identify and

move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa

- 12(d)(4) (B).

Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted

decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I

will delete such material from p ublic access.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa

- 10 et seq

. (2006).2 reasonable and appropriate. Accordingly, I hereby award the total $ 35,608.77 3 in

the form of a check payable jointly to petitioner and her counsel of record, F.

John Caldwell

, for petitioner’s attorney fees and costs

.

In the absence of a timely

- filed motion for review filed pursuant to Appendix B of

the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment

in accordance herewith. 4

IT IS SO ORDERED.

Denise K. Vowell s / Denise K. Vowell

Special Master

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

charges by the attorney a gainst a client, “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 gen erally Beck v. Sec’y, HHS , 924

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

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

See Vaccine Rule 11(a).