Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
May 14, 2015
Status
Unpublished
On the bench
Nora Beth Dorsey
Cited by
0 cases

The opinion

ORIGINAL

am the flHniteh étatefi @nurt of erhetal (Mating

OFFICE OF SPECIAL MASTERS

Filed: April 14, 2015

D.B., a minor, by and through his natural * No. 14-903V APR 1 ll 2M5

mother and next friend, JAIME BROWN, * US COURT OF

* FEDERAL CLAIMS

Petitioner, *

* Special Master Dorsey

V. *

* Petitioner’s Costs; Reasonable Amount

SECRETARY OF HEALTH * Requested to which Respondent Does

AND HUMAN SERVICES, * not Object.

*

Respondent. *

*

*

* * * * * * * * =l< * * *

Jaime Brown, Thonotosassa, FL, m g petitioner.

Heather L. Pearlman, United States Department of Justice, Washington, DC, for respondent.

PETITIONER’S COSTS DECISION1

On September 25, 2014, Jaime Brown (“petitioner”) filed a petition on behalf of her

minor child, D.B., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C.

§§ 300aa-1 to -34 (2006). Petitioner alleged that a measles-mumps-rubella (MMR) vaccine

administered to DB. on September 14, 2011, caused him to develop an encephalopathy, an

autism disorder, sleep disturbances, and caused a staring and/or catatonic state. Petition at 2. On

March 20, 2015, the undersigned entered an Order Concluding Proceedings dismissing the

petition without prejudice.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this decision on the website of the United States Court of Federal

Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,

2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which

to request redaction “of any information furnished by that party: (1) that is a trade secret or

commercial or financial in substance and is privileged or confidential; or (2) that includes

medical files or similar files, the disclosure of which would constitute a clearly unwarranted

invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the

public. Li.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa—1 to —34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

On April 9, 2015, the parties filed a Joint Stipulation of Fact Concerning Petitioner’s

Litigation Costs. According to the stipulation, the parties stipulate to a total award to petitioner

of costs in the amount of $400.00.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §

300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection

by respondent, the undersigned GRANTS the request for approval and payment of petitioner’s

costs.

Accordingly, an award should be made as follows: in the form of a check payable to

petitioner, Jaime Brown, in the amount of $400.00.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation.3

IT IS SO ORDERED.

L/ r , ‘

flank a

Nora Beth Dorsey

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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