Amber Cornelison v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 10-687V
Filed: February 25, 2013
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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 informal discussions of
petitioner’s initial request, petitioner requests 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Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 public access.
2
The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).
1
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.
s/ Denise K. Vowell
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 against 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 generally 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).
2