# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 09

- 341 V

Filed: July 2 , 2014

Not for Publication

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

MICHELLE HAMMAN

, *

*

*

*

Petitioner

, * Repayment of excess attorneys ’

* fees; direction of additional

v. * judgment

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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Diane Stadeln ikas Sedar

, Sarasota, FL, for petitioner.

Ryan Pyles

, Washington, DC, for respondent.

DECISION ORDERING REPAYMENT OF EXCESS ATTORNEYS’ FEES

AND DIRECTING ADDITIONAL JUDGMENT 1

On October 24 , 2013 , the parties filed a stipulation of fact, in which they agreed on an

appropriate amount for attorneys ’ fees and costs. On October 25, 2013 , the undersigned issued a

decision awarding petitioner $60,000.00 in attorneys ’ fees and costs

. Judgment entered on

January 14, 2014.

1 Because this unpublished decision contains a reasoned explanation for the undersigned’s action

in this case, the undersigned intends to post this order on the United States Court of Federal

Claims website, in accordance with the E

- Government Act of 2002, P ub. L. No. 107

- 347, § 205,

116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 secret or commer cial 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).

Otherwise, “the entire” order will be available to the public. Id.On July 1 , 2014, the parties filed a Joint Motion to Amend/Correct Judgment pursuant to

Rule 60(a) of the Rules of the United States Court of Federal Claims. Following judgment,

respondent forwarded payment in the form of checks made payable to petitioners and their

counsel. These checks were received and negotiated. Petitioners ’ counsel subsequently

discovered an inadvertent error in calculating her firm ’ s litigation costs; specifically, a n

overpayment for medical records , resulting in an overpayment to petitioners ’ counsel by

$2, 343

. 47 The p arties request that the Clerk issue judgment directing petitioner ’ s counsel to

send a check for $ 2,343.47 to the Department of Health and Human Services.

The undersigned finds the parties ’ request to be reasonable. Accordingly, the court

directs the clerk to enter an additional judgment in favor of respondent in the amount of

$ 2,343.47

, representing reimbursement for the overpayment for attorneys’ fees an d costs. The

award shall be in the form of a check made payable to the U.S. Department of Health and Human

Services with the case name and number referenced in the memo line. The check shall be sent

to:

Ms. Cheryl Lee

Division of Vaccine Injury Compensation/HRSA

5600 Fishers Lane, 11C

- 26

Rockville, MD 20857

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

the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

s/Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

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.

2