VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00591 Package ID: USCOURTS-cofc-1_14-vv-00591 Petitioner: Amanda Williams Filed: 2015-11-04 Decided: 2015-11-18 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 19500 AI-assisted case summary: Amanda Williams filed a petition under the National Vaccine Injury Compensation Program. On July 20, 2015, Chief Special Master Dorsey issued a decision awarding compensation based on a joint stipulation between the parties. Subsequently, on November 3, 2015, the parties filed a stipulation for attorney fees and costs. The stipulation indicated that the respondent did not object to the requested amount and that Ms. Williams incurred no personal litigation costs. Special Master Mindy Michaels Roth reviewed the stipulation and found that the petition was brought in good faith with a reasonable basis for the claim, making an award for attorney fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The proposed amount was deemed reasonable. An award of $19,500.00 was made, payable jointly to Amanda Williams and her attorney, Amber D. Wilson, to cover all legal expenses. The clerk of the court was directed to enter judgment accordingly. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the clinical details of the case. Theory of causation field: The public decision does not describe the theory of causation. The case resulted in a joint stipulation for compensation, followed by a stipulation for attorney fees and costs. Special Master Mindy Michaels Roth awarded $19,500.00 in attorney fees and costs, finding the petition was brought in good faith with a reasonable basis. The specific vaccine(s), vaccination date(s), alleged injury, and any expert testimony or medical evidence supporting causation are not detailed in the public decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00591-0 Date issued/filed: 2015-11-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/4/2015) regarding 38 DECISION Fees Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jdm) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00591-UNJ Document 42 Filed 11/18/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-591V Filed: November 4, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED AMANDA WILLIAMS, * * * Special Master Roth Petitioner, * * v. * * Attorney Fees and Costs SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Amber D. Wilson, Maglio Christopher & Toale, Washington, DC, for petitioner. Ann D. Martin, United States Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Roth, Special Master: In this case under the National Vaccine Injury Compensation Program,2 Chief Special Master Dorsey issued a decision on July 20, 2015 that awarded compensation pursuant to the parties’ joint stipulation. On November 3, 2015, the parties filed a stipulation for attorney fees and costs. The stipulation indicates that respondent does not object to the amount petitioner is requesting. Additionally, pursuant to General Order #9, the stipulation notes that petitioner 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, pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and 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), petitioner has 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. (2012). 1 Case 1:14-vv-00591-UNJ Document 42 Filed 11/18/15 Page 2 of 2 Accordingly, I hereby award the total $19,500.003 in the form of a check payable jointly to petitioner and petitioner’s counsel of record, Amber D. Wilson, for petitioner’s attorney fees and costs. The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth 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