# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-256V

* * * * * * * * * * * * * * * * * * * * * * * * * RENE DUMAS, * * * Filed: June 16, 2015 Petitioner, * * v. * Decision by Stipulation; Attorney’s Fees * and Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * *

Danielle A. Strait

, Maglio Christopher & Toale, PA , Washington, DC, for Petitioner.

Claudia B. Gangi , U.S. Dep’t of Justice, Washington, DC, for Respondent.

ATTORNEY’S FEES AND COSTS DECISION 1

On April 1, 2014, Ren ѐ Dumas filed a petition seeking compensation under the National Vaccine Injury Compensation Prog ram (the “Vaccine Program”). 2 Petitioner alleges that receiving the Tetanus-Diphtheriaacellular Pertussis (“Tdap”) immunizati on on November 26, 2012, caused her alleged lymphangitis and cellulitis. Responde nt denies that the Tdap vaccine caused Petitioner’s alleged lymphangitis, cellulitis, any ot her injury, or her current disability. Nonetheless both parties, while maintaining thei r above-stated positions, agreed th at the issues be fore them can

be settled and that a decisi on should be entered awarding At torneys’ Fee and Costs.

1 Because this decision contains a reason ed explanation for my action in this cas e, it will be posted 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, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2002)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that each party has fourt een (14) days within which to request redaction “of any information furnished by that party: (1) that is a trade secr et or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or simila r files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the public. Id.

2 The National Vaccine Injury Compensation Program comprise s Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sectio ns references hereafter will be to § 300aa of the Act.2 On June 11, 2015, the parties filed a stipulati on regarding attorney’s fees and costs. ECF No. 24. Petitioner requests reimbursement of attorn ey’s fees and costs in the amount of $12,740.07.

Id. This amount represents a sum to which Respondent does not object. Id. In addition, and in compliance with General Order No. 9, Petitioner’s counsel represents that Petitioner has not personally incurred any expenses in litigating this case. Id.

I approve the requested amount for attorney’s fees and cost s as reasonable. Accordingly, an award of $12,740.07 should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Danielle A. St rait. Payment of this amounts repr esents all attorn ey’s fees and costs available under 42 U.S.C. § 300aa-15(e). 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.
/s/ Brian H. Corcoran Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite en try of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.