VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00594 Package ID: USCOURTS-cofc-1_12-vv-00594 Petitioner: Margaret Gustafson Filed: 2014-05-21 Decided: 2014-05-21 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Margaret Gustafson filed a petition for compensation under the National Vaccine Injury Compensation Program. This decision addresses only the attorneys' fees and costs associated with her case. The parties, Margaret Gustafson and the Secretary of Health and Human Services, reached a stipulation of fact regarding the appropriate amount for these fees and costs. Petitioner asserted no out-of-pocket expenses. During informal discussions, respondent raised objections to certain items in petitioner's application. Based on these objections, petitioner amended her request for reimbursement for attorneys' fees and costs to $20,000.00. Respondent did not object to this revised amount. Special Master Laura D. Millman found the amount to be reasonable. Accordingly, the court awarded $20,000.00 for attorneys' fees and costs, to be paid jointly to Margaret Gustafson and her legal counsel, McCarthy Law Group. The decision directs the clerk of the court to enter judgment. Timothy H. McCarthy, Jr. represented the petitioner, and Debra A. Filteau Begley represented the respondent. The decision was filed on May 21, 2014. Theory of causation field: The public text does not describe the specific vaccine(s) or vaccination date(s) for Margaret Gustafson's case, nor does it detail the alleged injury or condition. The decision focuses solely on attorneys' fees and costs, stemming from a stipulation of fact between the petitioner and the Secretary of Health and Human Services. Petitioner initially submitted a request for fees and costs, which the respondent objected to during informal discussions. The petitioner then amended her request to $20,000.00, which the respondent did not oppose. Special Master Laura D. Millman deemed this amount reasonable and awarded $20,000.00 jointly to the petitioner and her counsel, McCarthy Law Group. The theory of causation is not addressed in the provided text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00594-0 Date issued/filed: 2014-06-11 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/21/2014) regarding 43 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00594-UNJ Document 44 Filed 06/11/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-594V Filed: May 21, 2014 Not for Publication ************************************* MARGARET GUSTAFSON, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Timothy H. McCarthy, Jr., Okemos, MI, for petitioner. Debra A. Filteau Begley, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On May 21, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner asserts she did not incur any out-of-pocket expenses in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner 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 1:12-vv-00594-UNJ Document 44 Filed 06/11/14 Page 2 of 2 amends her request for reimbursement for attorneys’ fees and costs to $20,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $20,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and McCarthy Law Group in the amount of $20,000.00. 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: May 21, 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