VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00804 Package ID: USCOURTS-cofc-1_12-vv-00804 Petitioner: STEPHEN LANGLOIS Filed: 2014-01-17 Decided: 2014-01-17 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 10460 AI-assisted case summary: Stephen Langlois filed a petition for compensation under the National Vaccine Injury Compensation Program on January 17, 2014. The case proceeded based on a joint stipulation between the petitioner and the Secretary of Health and Human Services. On September 27, 2013, a decision was issued awarding compensation. Subsequently, on January 7, 2014, the petitioner filed a motion for attorney fees and costs. The parties then filed a stipulation for attorney fees and costs on January 17, 2014, agreeing to an amended amount. The Chief Special Master found that the petition was brought in good faith with a reasonable basis, making an award for fees and costs appropriate. The total award for attorney fees and costs was $10,460.63, comprising $10,110.63 for attorney fees and costs payable jointly to the petitioner and his counsel, and $350.00 for the petitioner's personal litigation costs. Judgment was entered in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00804-0 Date issued/filed: 2014-01-17 Pages: 2 Docket text: PUBLIC DECISION Signed by Chief Special Master Denise Kathryn Vowell. (tjk) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00804-UNJ Document 38 Filed 01/17/14 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 12-0804V Filed: January 17, 2014 (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * STEPHEN LANGLOIS, * * Petitioner, * Attorney Fee and Costs; Stipulation * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ron Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Althea Davis, Esq., US Dept. of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Vowell, Chief Special Master: In this case under the National Vaccine Injury Compensation Program,2 I issued a decision on September 27, 2013, that awarded compensation pursuant to the parties’ joint stipulation. Petitioner filed his first motion for attorney fees and costs on January 7, 2014. On January 17, 2014, the parties filed a stipulation for attorney fees and costs. The stipulation indicates that after informal discussions petitioner agreed to amend their fee application and respondent does not object to the amended amount petitioner is requesting. 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, 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). Case 1:12-vv-00804-UNJ Document 38 Filed 01/17/14 Page 2 of 2 pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the total $10,460.633 as follows:  a lump sum of $10,110.63 in the form of a check payable jointly to petitioner, Stephen Langlois, and petitioner’s counsel of record for petitioner’s attorney fees and costs, and  a lump sum of $350.00 in the form of a check payable to petitioner, Stephen Langlois, for his personal litigation costs. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/ Denise K. Vowell Denise K. Vowell Chief 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