In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1529V (not to be published) ************************* JOHN HOMICK and RACHEL HOMICK, * Parents and Natural Guardians of Z.H., * a Minor, * Special Master Oler * Petitioners, * Filed: June 26, 2018 * v. * Attorneys’ Fees and Costs; * Reasonable Basis. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************* Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for Petitioners. Sarah C. Duncan, U.S. Dep’t of Justice, Washington, D.C., for Respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On December 16, 2015, John and Rachel Homick (“Petitioners”) filed a petition on behalf of their minor child, Z.H., seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioners alleged that Z.H. suffered from a thyroglossal duct cyst (“TDC”) as a result of his Haemophilus Influenza Type b (“Hib”) vaccination administered 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). on May 1, 2014.3 Petition (“Pet.”), ECF No. 1. On May 22, 2017, Petitioners filed a Motion for a Decision Dismissing Petition (ECF No. 26); a decision dismissing the petition for insufficient proof was issued on June 1, 2017. ECF No. 27. Judgment was entered on June 22, 2017. ECF No. 29. On August 9, 2017, Petitioners filed a Motion for Attorneys’ Fees and Costs (“Fees App.”). ECF No. 33. Petitioners request attorneys’ fees in the amount of $18,247.50 and costs in the amount of $3,574.84, totaling $21,822.34. Id. at 3-4. In compliance with General Order No. 9, Petitioners submitted a statement representing that “they did not incur costs related to litigation of this matter.” Fees App., Exhibit (“Ex.”) B. For the reasons set forth herein, Petitioners are awarded $17,242.34. I. Procedural History As the Fees Application reveals, Petitioners met with Attorney Jeffrey ...
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