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Godfrey v. Secretary of Health and Human Services
10-565
| Fed. Cl. | Oct 17, 2016
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Background

  • Petitioner Megan L. Godfrey filed a Vaccine Program petition alleging the HPV vaccine (Aug 22, 2007) caused juvenile ankylosing spondylitis; petition filed Aug 20, 2010.
  • An entitlement hearing occurred Dec 10, 2012; Chief Special Master Vowell denied entitlement on June 11, 2014; Petitioner sought review which produced a remand and subsequent denial that was sustained on review.
  • Interim attorney’s fees and costs were previously awarded by stipulation on Dec 2, 2014.
  • Petitioner filed an unopposed motion for final attorney’s fees and costs on Aug 24, 2016, seeking $44,275.95 (fees $44,184.50; costs $91.45) and represented no out-of-pocket litigation expenses.
  • Respondent did not object to the requested amount; Special Master Corcoran approved the full requested award and ordered judgment.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Reasonableness of requested attorney’s fees and costs Request $44,275.95 as reasonable and supported No objection to the amount Approved in full as reasonable
Out‑of‑pocket litigation expenses Petitioner states none were incurred Respondent silent / no objection Petitioner represented no out‑of‑pocket expenses; accepted
Form of payment Payment should be made to petitioner and counsel No objection Award payable jointly to Petitioner and counsel Milton Ragsdale
Entry of judgment and finality Petitioner sought entry of judgment for awarded fees Respondent did not object Clerk ordered to enter judgment absent a motion for review

Key Cases Cited

  • Koehn v. Sec’y of Health & Human Servs., 773 F.3d 1239 (Fed. Cir. 2014) (Federal Circuit decision discussed on remand but found not to change the entitlement outcome)
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Case Details

Case Name: Godfrey v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Oct 17, 2016
Docket Number: 10-565
Court Abbreviation: Fed. Cl.