VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_06-vv-00710
Package ID: USCOURTS-cofc-1_06-vv-00710
Petitioner: Juanita Coleman
Filed: 2006-10-12
Decided: 2015-02-13
Vaccine: Hepatitis B
Vaccination date: 2003-10-20
Condition: skin reaction
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
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.

Theory of causation field:
Hep B (Oct 20, 2003) → skin reaction. Filed Oct 12, 2006. Compensated Jan 13, 2014 (judgment Feb 24, 2014). Fee petition filed out of time (213 days post-judgment; Vaccine Rule 13 requires 180 days). Respondent did not object to $47,500. SM Hamilton-Fieldman Jan 23, 2015: Leave GRANTED; $47,500 awarded jointly to petitioner and counsel Dobreff. Dates correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_06-vv-00710-1
Date issued/filed: 2015-02-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/23/2015) regarding 182 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:06-vv-00710-UNJ Document 183 Filed 02/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 06-710V
Filed: January 23, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
JUANITA COLEMAN, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable Amount
* Requested to which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
William Dobreff, Dobreff & Dobreff, Clinton Township, MI, for Petitioner.
Althea Davis, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 12, 2006, Juanita Coleman filed a petition for compensation under the National
Vaccine Injury Compensation Program (“the Program”), 42 U.S.C. §300aa-10, et seq. (2006), 2 alleging
that she suffered a skin reaction after receiving a Hepatitis B vaccination on October 20, 2003. On
January 13, 2014, the undersigned issued a decision awarding compensation to Petitioner. Judgment
entered on the decision on February 24, 2014.
On September 23, 2014, Petitioner’s counsel filed a Motion to Allow Filing of Fee Petition Out
of Time. Having requested that the undersigned entertain a late motion for fees, see Vaccine Rule 13
(requiring that fees applications be filed within 180 days of judgment), Petitioner’s counsel states that he
and Respondent’s counsel have agreed to an award of attorneys’ fees and costs in the amount of
$47,500.00.
1 The undersigned intends to post this unpublished 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)). As provided by Vaccine Rule
18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to
the public. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42
U.S.C. §§ 300aa-10 et seq. (2006).
1

Case 1:06-vv-00710-UNJ Document 183 Filed 02/13/15 Page 2 of 2
On October 22, 2014, Respondent filed a response to Petitioner’s motion. Respondent “defers to
the special master’s discretion” in granting Petitioner’s counsel’s motion for leave to file out of time.
Respondent states that she does not object to an award of $47,500.00 in attorneys’ fees and costs.
On January 21, 2015, Petitioner filed a statement in accordance with General Order Number 9.
According to her statement, Petitioner did not incur any expenses in filing and pursuing her vaccine
claim.
The undersigned grants Petitioner’s counsel leave to file his motion out of time, and 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 $47,500.00, in the form of a check made payable jointly to Petitioner and Petitioner’s
counsel, William Dobreff, of the law firm of Dobreff & Dobreff.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court
SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2