VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00167 Package ID: USCOURTS-cofc-1_13-vv-00167 Petitioner: William Forcine Filed: 2014-03-21 Decided: 2014-04-14 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 23878 AI-assisted case summary: Lorin Forcine and Blaise Forcine, as legal representatives of the minor child William Forcine, filed a petition under the National Vaccine Injury Compensation Program on March 21, 2014. The respondent was the Secretary of Health and Human Services. The specific vaccine and medical condition were not detailed in this decision, which addressed attorney fees and costs. The respondent had previously agreed to award compensation based on a proffer. On March 14, 2014, the parties filed a stipulation for attorney fees and costs, with the respondent not objecting to the requested amount. Petitioners incurred no personal litigation costs. Chief Special Master Denise K. Vowell found the petition was brought in good faith with a reasonable basis for the claim, deeming an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The total award for petitioners' attorney fees and costs was $23,878.26, payable jointly to the petitioners and their counsel, Paul R. Brazil of Muller Brazil, LLP. The decision was issued on April 14, 2014. The respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. Theory of causation field: The public text does not describe the specific vaccine, vaccination date, or alleged condition for which compensation was awarded. The case proceeded to a stipulation for attorney fees and costs after the respondent agreed to an award based on a proffer. The Chief Special Master, Denise K. Vowell, found the petition was brought in good faith with a reasonable basis for the claim. The award of $23,878.26 for attorney fees and costs was made jointly to petitioners Lorin and Blaise Forcine and their counsel, Paul R. Brazil, on April 14, 2014. The respondent was represented by Lisa Ann Watts. The specific theory of causation and any supporting medical experts or evidence are not detailed in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00167-0 Date issued/filed: 2014-04-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/21/2014) regarding 35 DECISION Fees Stipulation/Proffer. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00167-UNJ Document 38 Filed 04/14/14 Page 1 of 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-167V Filed: March 21, 2014 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LORIN FORCINE and BLAISE FORCINE, * legal representatives of minor child * William Forcine, * Stipulation; Attorney Fees and Costs Petitioners, * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA for petitioners. Lisa Ann Watts, Esq., U.S. Dept. of Justice, Washington, D.C. 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 December 17, 2013, that awarded compensation pursuant to respondent’s proffer. On March 14, 2014, the parties filed a stipulation for attorney fees and costs. The stipulation indicates that respondent does not object to the amount petitioners are requesting. Additionally, pursuant to General Order #9, the stipulation notes that petitioners incurred no personal litigation costs. 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), petitioners have 14 days to identify and move to delete medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, 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). 1 Case 1:13-vv-00167-UNJ Document 38 Filed 04/14/14 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 $23,878.263 in the form of a check payable jointly to petitioners and petitioners’ counsel of record, Paul Brazil, for petitioners’ attorney fees and 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