### IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

No. 08 -882V Filed: February 18, 2015

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LUIS VERGARA and JACKELINE * MORA ANGARITA, parents and natural * guardians of J.A.V., a minor, *
*
Petitioners , * Attorney Fees and Costs; Stipulation

v. *
*
SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Donald M. Gerstein, Esq., Richard Gage, P.C., Cheyenne, WY, for petitioners; Justine E. Walters, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

In this case under the National Vaccine Injury Compensation Program, 2 I issued a decision on September 10, 2014 denying entitlement to compensation

. On January 9, 2015, petitioners filed an Application for Award of Attorney ’ s Fees and Reimbursement
of Costs. 3 During informal discussions, respondent raised objections to certain items in the Application. On February 17, 2015, the parties filed a stipulation for attorney fees
and costs. The stipulation indicates that respondent does not object to the amount petitioner is requesting. Additionally, pursuant to General Order #9, the stipulation notes that petitioners incurred $1,500.00 in personal litigation costs.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intendto post this decision on the United States Court of Federal Claims' website, in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 Vaccine Rule 18(b), petitioner has 14 days to identify and

m ove to delete 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 delete 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).

3 Petitioners were previously awarded $44,190.90 for interim attorneys ’ fees and costs in this case on July 17, 2014.2

I find that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1 ). Further, the proposed amount seems reasonable and appropriate

. Accordingly, I hereby award the total $10,893.99 4 as follows:

 A lump sum of $9,393.99 in the form of a check payable jointly to petitioners and petitioners ’ counsel of record, Donald Gerstein, for petitioners ’ attorney fees and costs ; and

 A lump sum of $1,500.00 in the form of a check payable to petitioners, Luis Vergara and Jackeline Mora Angarita, for their personal litigation

costs.

The clerk of the court shall enter judgment in accordance herewith. 5

IT IS SO ORDERED.

s/ Denise K. Vowell
Denise K. Vowell Chief Special Master

4 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” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa- 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, HHS , 924 F.2d 1029 (Fed. Cir.1991).

5 Entry of judgment can be expedited by each party’s fi ling of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).