VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00063
Package ID: USCOURTS-cofc-1_13-vv-00063
Petitioner: Fernando Whitehead
Filed: 2014-03-24
Decided: 2014-03-24
Vaccine: influenza
Vaccination date: 
Condition: adverse reaction
Outcome: compensated
Award amount USD: 20006

AI-assisted case summary:
Fernando Whitehead received a trivalent influenza vaccine and claimed it caused an adverse reaction. The parties stipulated to compensation for his claim. Following this compensation, Mr. Whitehead applied for attorneys' fees and costs, requesting $20,006.22. The respondent did not object to this application. The court reviewed the request and awarded the full amount of $20,006.22 in attorneys' fees and costs, payable to his attorney and Mr. Whitehead. The decision was issued on March 24, 2014.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00063-0
Date issued/filed: 2014-04-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/24/2014) regarding 34 DECISION of Special Master - Fees Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00063-UNJ Document 37 Filed 04/14/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
FERNANDO WHITEHEAD, *
* No. 13-63V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 24, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award in the
AND HUMAN SERVICES, * amount to which respondent does not
* object
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner;
Tara J. Kilfoyle, United States Department of Justice, Washington, D.C., for respondent.
UNPUBLISHED DECISION1
Petitioner Fernando Whitehead filed his application for attorneys’ fees and costs
(“Application”) on March 3, 2014. In his Application, petitioner requests a total of $20,006.22
in attorneys’ fees and costs ($19,279.93 in fees and $726.29 in costs). Additionally, petitioner
conveys that he incurred no personal costs in pursuing his claim.2 On March 21, 2014, in an
informal communication, respondent contacted the Court to convey that she does not oppose
petitioner’s Application.
Mr. Whitehead claimed that the trivalent influenza vaccine he received caused him to
suffer an adverse reaction. Petition at 1. He received compensation based upon the parties’
stipulation. Decision, issued Dec. 5, 2013. Because Mr. Whitehead received compensation, he
is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.
2 In an informal communication sent on March 24, 2014, counsel for petitioner notified
the Court that a General Order # 9 has not been filed because he has been unable to reach Mr.
Whitehead. He added that his firm has made several attempts (five telephone calls, three e-
mails, and one written letter) to contact Mr. Whitehead over the course of three weeks to no
avail. He reiterated, however, that his files indicate that petitioner incurred no litigation
expenses.

Case 1:13-vv-00063-UNJ Document 37 Filed 04/14/14 Page 2 of 2
Mr. Whitehead seeks $20,006.22 in attorneys’ fees and costs for his counsel. Respondent
states that she has no objection to this Application for attorneys’ fees and costs.
After reviewing the request, the court awards a lump sum of $20,006.22 in the form of
a check payable to petitioner’s attorney, Ronald C. Homer, of the law firm Conway, Homer
& Chin-Caplan, P.C., and petitioner, Fernando Whitehead, for attorney’s fees and costs
available under 42 U.S.C. § 300aa-15(e).
The court thanks the parties for their cooperative efforts in resolving this matter. The
Clerk shall enter judgment accordingly.3
IT IS SO ORDERED.
S/ Christian J. Moran
Christian J. Moran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2