# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-576V Filed: March 11, 2015

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * GREGORY SMITH, *

* Petitioner, *

v. * * Attorney Fees and Costs; Stipulation; SECRETARY OF HEALTH AND * Special Processing Unit [“SPU”] HUMAN SERVICES, *

* Respondent. *

*

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

Marvin Firestone, Esq., Marvin Firestone, MD, JD & Associates, San Mateo, CA, for petitioner. Heather Pearlman, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

On July 8, 2015, Gregory Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, 2 [the “Vaccine Act” or “Program”]. Petitioner alleged that as a result of a tetanus-diphther ia-acellular pertussis [“Tdap”] vaccination on July 11, 2011, petitioner suffered a shoulder injury. Petition at 6. The case was assigned to the Special Processing Unit [“SPU”] of the Office of Special Masters. On February 11, 2015, I iss ued a decision awarding compensation to petitioner based on respondent’s Proffer.

On March 10, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a total award of attorneys’ fees and costs to pet itioner in the amount of $21, 883.82. In

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Va ccine Rule 18(b), petitioners have 14 days to identify and move to redact medical or other information, t he 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.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq

. (2006).2 accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.

Accordingly, I award the total $21, 883.82 3 as a lump sum in the form of a check jointly payable to petitioner and his attorney, Marvin Firestone.

The clerk of the court shall ent er judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Denise K. Vowell

Denise K. Vowell Chief Special Master

3 This amount is intended to cover all legal expenses in curred in this matter. This award encompasses all charges by the attorney against a client, “advanced co sts” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an a ttorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS , 924 F.2d 1029 (Fed. Cir.1991).

4 Entry of judgment can be expedited by each party’s fili ng of a notice renouncing the right to seek review.

See Vaccine Rule 11(a).