VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00169 Package ID: USCOURTS-cofc-1_10-vv-00169 Petitioner: Reese Tower Filed: 2014-06-25 Decided: 2014-06-25 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 90728 AI-assisted case summary: On June 25, 2014, Reese Tower, a minor, by his next friend Lynda Curran, filed a stipulation of fact regarding attorneys' fees and costs. The petitioner had initially filed an Application for Attorneys' Fees and Costs on May 15, 2014. The respondent raised objections to certain items within this application during informal discussions. In response to these objections, the petitioner amended her application to a total of $90,728.84. The respondent did not object to this revised amount. Special Master Laura D. Millman found the amended amount to be reasonable and awarded a total of $90,728.84. This award was broken down into three parts: $68,088.32 for petitioner's current counsel, Conway, Homer & Chin-Caplan, P.C., consisting of $44,800.00 in attorneys' fees and $23,288.32 in attorneys' costs, payable jointly to the petitioner and the firm; $9,000.00 for petitioner's former counsel, Ralph B. Wegis, consisting of $6,275.71 in attorneys' fees and $2,724.29 in attorneys' costs, payable jointly to the petitioner and Mr. Wegis; and $13,640.52 for petitioner's costs, payable directly to the petitioner. The decision directed the clerk of the court to enter judgment accordingly, unless a motion for review was filed. Ronald C. Homer represented the petitioner, and Althea W. Davis represented the respondent. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, or the alleged condition. Theory of causation field: The public text for case 1:10-vv-00169-UNJ does not describe a theory of causation, the specific vaccine(s) administered, the date(s) of vaccination, or the alleged injury. The decision, issued by Special Master Laura D. Millman on June 25, 2014, and awarding $90,728.84 in attorneys' fees and costs, is based solely on a stipulation of fact between the petitioner, Reese Tower (a minor, by his next friend Lynda Curran), and the respondent, the Secretary of Health and Human Services. The award was for petitioner's current counsel (Conway, Homer & Chin-Caplan, P.C.) and former counsel (Ralph B. Wegis), as well as reimbursement for petitioner's costs. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Althea W. Davis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00169-0 Date issued/filed: 2014-07-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/25/2014) regarding 89 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00169-UNJ Document 92 Filed 07/16/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-169V Filed: June 25, 2014 Not for Publication ************************************* REESE TOWER, a Minor by his * Next Friend, LYNDA CURRAN, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner. Althea W. Davis, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On June 25, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. On May 15, 2014, petitioner filed her Application for Attorneys’ Fees and Costs and a General Order #9 statement. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends her application for 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:10-vv-00169-UNJ Document 92 Filed 07/16/14 Page 2 of 2 attorneys’ fees and costs to $90,728.84. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $68,088.32, representing reimbursement for petitioner’s attorneys’ fees and costs. This amount consists of $44,800.00 in attorneys’ fees and $23,288.32 in attorneys’ costs. The award shall be in the form of a check payable jointly to petitioner and Conway, Homer & Chin-Caplan, P.C. in the amount of $68,088.32; and b. $9,000.00, representing reimbursement for petitioner’s former counsel’s attorneys’ fees and costs. This amount consists of $6,275.71 in attorneys’ fees and $2,724.29 in attorneys’ costs. The award shall be in the form of a check payable jointly to petitioner and Ralph B. Wegis in the amount of $9,000.00; and c. $13,640.52, representing reimbursement for petitioner’s costs. This award shall be in the form of a check payable to petitioner in the amount of $13,640.52. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: June 25, 2014 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2