# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-330V

* * * * * * * * * * * * * * * * * * * * * * * * * MICHAEL G. CORCORAN, * on behalf of S.R.C., * * Filed: May 28, 2015 Petitioner, * * v. * Decision by Stipulation; Attorney’s Fees * and Costs SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * *

Nicholas E. Bunch , White, Getgey & Meyer, Cincinnati, OH, for Petitioner.

Ryan D. Pyles , U.S. Dep’t of Justice, Wa shington, DC, for Respondent.

ATTORNEY’S FEES AND COSTS DECISION 1

On May 10, 2013, Michael C. Corcoran filed a petition seeking compensation, on behalf of his minor child, S.R.C., under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 After proceeding in this matter for some time, the parties requested an opportunity to explore the possi bility of resolving this cas e through informal settlement negotiations. ECF No. 27. Thereaf ter, on May 21, 2015, the parties f iled a stipulation settling the case and detailing the amount to be awarded to Petitioner. ECF No. 36. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Pe titioner an award as outlined in the stipulation. Decision Awardi ng Damages, dated May 21, 2015 (ECF No. 37).

1 Because this decision contains a reason ed explanation for my action in this cas e, it will be posted on the website of the United States Court of Federal Claims, 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)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that each party has fourt een (14) days within which to request redaction “of any information furnished by that party: (1) that is a trade secr et or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or simila r files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the public. Id.

2 The National Vaccine Injury Compensation Program comprise s Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sectio ns references hereafter will be to § 300aa of the Act.2 On May 27, 2015, the parties filed another stipul ation, this time regard ing attorney’s fees and costs. ECF No. 39. Petitioner requests reimburse ment of attorney’s fees and costs in the amount of $8,923.61 (which includes the co sts to establish a guardianship). Id. This amount represents a sum to which Respondent does not object. Id. In addition, and in compliance with General Order No. 9, Petitioner’ s counsel represents that Petitioner advanced $1,591.85 for reimbursable costs in pursu it of his claim, to which Respondent does not object. Id.

I approve the requested amount for attorney’s fees and cost s as reasonable. Accordingly, (i) an award of $8,923.61 should be ma de in the form of a check pa yable jointly to Petitioner and Petitioner’s counsel, the law firm of White, Getgey & Meyer; a nd (ii) an award of $1,591.85 should be made in the form of a check payable to Pe titioner. Payment of this amounts represents all attorney’s fees and costs available under 42 U.S. C. § 300aa-15(e). In the absence of a motion for review filed pursuant to RCFC Appe ndix B, the clerk of the court SHALL ENTER JUDGMENT

in accordance with the terms of the parties’ stipulation. 3



### IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite en try of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.