Filed: Apr. 15, 2016
Latest Update: Apr. 15, 2016
Summary: UNPUBLISHED DECISION 1 LISA D. HAMILTON-FIELDMAN , Special Master . On September 10, 2014, Chelsea Burton ("Petitioner") filed a petition for compensation on behalf of her minor child, J.B., under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1 et seq. (2006) ("Vaccine Act"). Petitioner alleged that the administration of an influenza ("flu") vaccine on September 13, 2011 caused J.B. to suffer from "a plethora of unprecedented symptoms and illnesses" including ac
Summary: UNPUBLISHED DECISION 1 LISA D. HAMILTON-FIELDMAN , Special Master . On September 10, 2014, Chelsea Burton ("Petitioner") filed a petition for compensation on behalf of her minor child, J.B., under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1 et seq. (2006) ("Vaccine Act"). Petitioner alleged that the administration of an influenza ("flu") vaccine on September 13, 2011 caused J.B. to suffer from "a plethora of unprecedented symptoms and illnesses" including acu..
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UNPUBLISHED
DECISION1
LISA D. HAMILTON-FIELDMAN, Special Master.
On September 10, 2014, Chelsea Burton ("Petitioner") filed a petition for compensation on behalf of her minor child, J.B., under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et seq. (2006) ("Vaccine Act"). Petitioner alleged that the administration of an influenza ("flu") vaccine on September 13, 2011 caused J.B. to suffer from "a plethora of unprecedented symptoms and illnesses" including acute disseminated encephalomyelitis ("ADEM"). On February 9, 2016, the undersigned issued a decision dismissing the petition.
On April 14, 2016, Petitioner filed an Unopposed Application for Attorneys' fees and Costs ("Motion"). In her application, Petitioner requests compensation for $25,000.00 in attorneys' fees and costs. Petitioner also requests reimbursement for $55.00 in costs that she personally incurred. According to Petitioner, Respondent has no objection to either of these amounts.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300aa-15(e). The undersigned finds 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 reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $25,000.00, in the form of a check made payable jointly to Petitioner and Petitioner's counsel, Drew Downing. The undersigned also awards the amount of $55.00, in the form of a check made payable solely to Petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.2
IT IS SO ORDERED.
