Juanita Coleman v. HHS - Hepatitis B, skin reaction (2015)

Juanita Coleman filed a petition on October 12, 2006, alleging that a hepatitis B vaccination she received on October 20, 2003 had caused her to develop a skin reaction. On January 13, 2014, Special Master Hamilton-Fieldman issued a decision awarding compensation to Ms.

Coleman. Judgment was entered on the decision on February 24, 2014.

Petitioner's counsel, William Dobreff of Dobreff & Dobreff in Clinton Township, Michigan, did not file a fee petition within the 180-day period prescribed by Vaccine Rule 13. On September 23, 2014 — 213 days after judgment — counsel filed a motion seeking leave to file the fee petition out of time.

Respondent deferred to the special master's discretion on the leave question and stated she did not object to an award of $47,500.00 in attorneys' fees and costs. Petitioner filed a statement in accordance with General Order Number 9 on January 21, 2015, confirming that she had not personally incurred any out-of-pocket expenses in connection with the case.

Special Master Hamilton-Fieldman granted counsel leave to file out of time and, finding that the petition had been brought in good faith with a reasonable basis for the claim, awarded $47,500.00 in attorneys' fees and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). The award was made payable jointly to Ms.

Coleman and her attorney. The decision was issued on January 23, 2015, and filed on the court's docket on February 13, 2015.