Sarah Henley v. HHS - HPV, postural tachycardia syndrome (2016)

Filed –Decided 2016-09-21Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

Sarah Henley petitioned for compensation under the National Childhood Vaccine Injury Act on October 13, 2016, alleging that a human papillomavirus (HPV) vaccine administered on August 2, 2012, caused her to develop postural tachycardia syndrome. Kelly D.

Burdette of Burkett & Burdette entered an appearance as Petitioner's attorney on December 30, 2015. On September 21, 2016, the parties filed a joint stipulation of dismissal, and Special Master Hamilton-Fieldman issued an order concluding the proceedings and dismissing the case without prejudice on that same day.

Subsequently, on October 7, 2016, Petitioner filed an application for attorneys' fees and costs, requesting $8,396.17. This amount included $473.90 for costs personally incurred by Petitioner's mother for filing the case.

Respondent, represented by Voris E. Johnson of the United States Department of Justice, filed a response on October 11, 2016, stating that they did not object to the requested amount, finding it reasonable for the proceedings to date, while noting this was not an admission regarding hourly rates, hours billed, or other litigation costs.

Special Master Hamilton-Fieldman reviewed the application and, in accordance with the Vaccine Act, found the request for fees and costs to be reasonable. An award of $8,396.17 was granted, payable jointly to Sarah Henley and her counsel, Kelly D.

Burdette. From this award, $473.90 was designated for reimbursement to Petitioner's mother for incurred costs.

Judgment was to be entered accordingly.

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