Filed: Jun. 09, 2014
Latest Update: Jun. 09, 2014
Summary: UNPUBLISHED DECISION ON FEES AND COSTS 1 CHRISTIAN J. MORAN, Special Master. On May 29, 2014, respondent filed a joint stipulation concerning final attorneys' fees and costs in the above-captioned matter. Previously, Ms. Spooner filed a motion for attorneys' fees and costs on May 13, 2014. The stipulation requests a total amount of $17,000.00. The Court awards this amount. Petitioner filed for compensation alleging that the hepatitis A vaccine caused her child, G.S., to suffer Guillain-Barr
Summary: UNPUBLISHED DECISION ON FEES AND COSTS 1 CHRISTIAN J. MORAN, Special Master. On May 29, 2014, respondent filed a joint stipulation concerning final attorneys' fees and costs in the above-captioned matter. Previously, Ms. Spooner filed a motion for attorneys' fees and costs on May 13, 2014. The stipulation requests a total amount of $17,000.00. The Court awards this amount. Petitioner filed for compensation alleging that the hepatitis A vaccine caused her child, G.S., to suffer Guillain-Barr ..
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UNPUBLISHED DECISION ON FEES AND COSTS1
CHRISTIAN J. MORAN, Special Master.
On May 29, 2014, respondent filed a joint stipulation concerning final attorneys' fees and costs in the above-captioned matter. Previously, Ms. Spooner filed a motion for attorneys' fees and costs on May 13, 2014. The stipulation requests a total amount of $17,000.00. The Court awards this amount.
Petitioner filed for compensation alleging that the hepatitis A vaccine caused her child, G.S., to suffer Guillain-Barré syndrome ("GBS"). Petitioner's claim was dismissed for insufficient proof. Decision, filed Jan. 16, 2014.
Even though compensation was denied, a petitioner who brings her petition in good faith and who has a reasonable basis for the petition may be awarded attorneys' fees and costs. See 42 U.S.C. § 300aa-15(e)(1). Here, counsel for petitioner gathered and filed medical records and filed briefs in opposition to respondent's motion to dismiss, addressing a question of law with limited precedent regarding whether her lumbar puncture and IVIG therapy constituted a "surgical intervention." Thus, because petitioner's counsel acted in good faith and because there was a reasonable basis for proceeding, petitioner is eligible for an award of attorneys' fees and costs. Respondent does not contend that petitioner failed to satisfy these criteria.
Petitioner seeks $17,000.00 in attorneys' fees and costs for petitioner's counsel. Additionally, petitioner filed a statement of costs in compliance with General Order No. 9, stating that she incurred $350.00 while pursuing this claim. Respondent stated that she had no objection to the total award in the amount of $17,000.00 for attorneys' fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $17,000.00 in the form of a check jointly payable to petitioner and her counsel, Ronald C. Homer, Esq., of Conway, Homer & Chin-Caplan for attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e).
The court thanks the parties for their cooperative efforts in resolving this matter.
The Clerk shall enter judgment accordingly.2
Any questions may be directed to my law clerk, Marc Langston, at (202) 357-6392.
IT IS SO ORDERED.
