In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

Filed: June 23, 2021

* * * * * * * * * * * * * * 

RUTH GEAR, * UNPUBLISHED

*

Petitioner, * No. 18-1684V

* Special Master Gowen

v. *

 * Attorneys’ Fees and Costs

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

 Respondent. *

* * * * * * * * * * * * * * 

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.

Camille M. Collett, United States Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On March 26, 2021, Ruth Gear (“Petitioner”) filed a motion for attorneys’ fees and costs. 

Motion for Attorney Fees and Costs (“Fees App.”) (ECF No. 50). For the reasons discussed below, 

I GRANT Petitioner’s motion for attorneys’ fees and costs and award a total of $37,015.51.

I. Procedural History

On October 31, 2018, Petitioner filed a petition in the National Vaccine Injury 

Compensation Program.

2 Petitioner alleged that as a result of receiving a tetanus-diphtheriaacellular pertussis vaccination on November 13, 2015, she suffered a right shoulder injury related 

to vaccine administration. See Petition (ECF No. 1). On December 23, 2020, the parties filed a 

proffer, which I adopted as my decision awarding compensation on the same day. (ECF No. 45).

1

I intend to post this Ruling on the United States Court of Federal Claims' website. This means the Ruling will be 

available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact 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 redact such 

material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this 

case, I am required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services).

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 (2012) (“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.
2

On March 26, 2021, Petitioner filed a motion for final attorneys’ fees. Petitioner requests

compensation for her attorney, Mr. Jeffrey Pop, in the total amount of $37,015.51, representing 

$36,040.50 in attorneys’ fees and $975.01 in costs. Fees App. at 5. Pursuant to General Order No. 

9, Petitioner warrants she has not personally incurred any costs in pursuit of this claim. Id.

Respondent reacted to the fees motion on April 9, 2021, stating that “Respondent is satisfied the 

statutory requirements for an award of attorneys’ fees and costs are met in this case.” Response at 

2. (ECF No. 51). Petitioner did not file a reply thereafter.

The matter is now ripe for adjudication.

II. Analysis

Section 15(e) (1) of the Vaccine Act allows for the Special Master to award “reasonable 

attorneys' fees, and other costs.” § 300aa–15(e)(1)(A)–(B). Petitioners are entitled to an award of 

reasonable attorneys' fees and costs if they are entitled to compensation under the Vaccine Act, or, 

even if they are unsuccessful, they are eligible so long as the Special Master finds that the petition 

was filed in good faith and with a reasonable basis. Avera v. Sec'y of Health & Human Servs., 515 

F.3d 1343, 1352 (Fed. Cir. 2008). Here, because Petitioner was awarded compensation pursuant 

to a proffer, she is entitled to a final award of reasonable attorneys’ fees and costs.

Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and 

the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 

484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is 

filed. Id. at 484 n. 1. The special master has the discretion to reduce awards sua sponte, independent 

of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs., 86 Fed. 

Cl. 201, 208–09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. 

Cl. 2008), aff'd No. 99–537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008).

a. Attorneys’ Fees

I have reviewed the rates requested by Petitioner for the work of his counsel, Mr. Jeffrey 

Pop and Ms. Kristina Grigorian, and I find the rates requested herein to be consistent with what 

they have previously been awarded for their Vaccine Program work and reasonable in light for the 

work performed in this case.

Turning next to review of the submitted billing statement, I find that the overall hours spent 

on this matter to be reasonable. The entries accurately describe the work being performed and the 

length of time it took to perform each task and Respondent also has not identified any particular 

entries as being objectionable. Therefore, Petitioner is entitled to final attorneys’ fees of 

$36,040.50.

b. Attorneys’ Costs

Like attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v. 

Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests total 
3

attorneys’ costs in the amount of $975.01, representing acquisition of medical records, postage, 

and the Court’s filing fee. Fees App. Ex. 3, at 2. Petitioner has provided adequate documentation 

supporting all of the requested costs, and all appear reasonable in my experience. Petitioner is 

therefore entitled to the full amount of costs sought.

III. Conclusion

In accordance with the foregoing, Petitioner’s motion for attorneys’ fees and costs is 

GRANTED. I find that Petitioner is entitled to a reimbursement of attorneys’ fees and costs as 

follows:

Attorneys’ Fees Requested $36,040.50

(Reduction of Fees) -

Total Attorneys’ Fees Awarded $36,040.50

Attorneys’ Costs Requested $975.01

(Reduction of Costs) -

Total Attorneys’ Costs Awarded $975.01

Total Attorneys’ Fees and Costs $37,015.51

Accordingly, I award a lump sum in the amount of $37,015.51, representing 

reimbursement for Petitioner’s attorneys’ fees, in the form of a check payable to Petitioner 

and her attorney, Mr. Jeffrey Pop.

3

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

court shall enter judgment in accordance herewith.4

IT IS SO ORDERED.

/s/Thomas L. Gowen

 Thomas L. Gowen

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,” and fees for legal services rendered. Furthermore, Section 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 of Health & Human Servs., 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. Vaccine 

Rule 11(a).