In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

KRISTYN POLEN, * No. 12-46V

* Special Master Christian J. Moran

Petitioner, *

* Filed: March 31, 2014

v. *

*

SECRETARY OF HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which

* respondent does not object.

Respondent. *

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

Firooz Taghi Namei, McKinney & Namei Company, L.P.A. Cincinnati, OH, for 

petitioner; 

Debra A. Filteau Begley, United States Dep’t of Justice, Washington, D.C., for 

respondent. 

UNPUBLISHED DECISION ON FEES AND COSTS1

On March 26, 2014, respondent filed a stipulation of fact concerning final 

attorney’s fees and costs in the above-captioned matter. Previously, petitioner informally 

submitted a draft application for attorneys’ fees and costs to respondent for review. Upon 

review of petitioner’s application, respondent raised objections to certain items. Based 

on subsequent discussions, petitioner amended her application to request $18,813.77, an 

amount to which respondent does not object. The Court awards this amount.

On January 23, 2013, Kristyn Polen filed a petition for compensation alleging that 

that she developed fibromyalgia, chronic fatigue, myofascial pain syndrome and 

polyarthralgia, as a result of human papillomavirus (“HPV”) vaccinations she received on 

July 23, 2009 and September 24, 2009. Petitioner was unable to find an expert to 

establish causation and thus, requested a ruling on the record. In this ruling, 

compensation was denied. Decision, dated Nov. 12, 2013.

 

1

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), 

the parties have 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website.
2

Even though compensation was denied, a petitioner who brings her petition in 

good faith and who has a reasonable basis for the petition may be awarded attorneys’ fees 

and costs. See 42 U.S.C. § 300aa–15(e)(1). Here, counsel for petitioners spent time 

gathering medical records, filing affidavits for petitioners and participating in periodic 

status conferences. Counsel undertook a search for an expert witness to opine on 

petitioner’s case. When it was determined that an expert was not available, counsel took 

steps to resolve this case relatively quickly so as not to increase costs and expenses 

unnecessarily. Thus, because petitioners’ counsel acted in good faith and there was a 

reasonable basis for proceeding, petitioners are eligible for an award of attorneys’ fees 

and costs. Respondent does not contend that petitioners failed to satisfy these criteria. 

Petitioner seeks a total of $18,813.77 in attorneys’ fees and costs for her counsel. 

Additionally, in compliance with General Order No. 9, petitioner states that she incurred 

no out-of-pocket litigation expenses while pursuing this claim. Respondent has no 

objection to the amount requested for attorneys’ fees and costs. 

After reviewing the request, the Court awards the following:

A lump sum of $18,813.77 in the form of a check made payable to petitioner

and petitioner’s attorney, Firooz T. Namei of The Law Firm of

McKinney and Namei Co., L.P.A., for attorneys’ fees and other litigation 

costs available under 42 U.S.C. § 300aa-15(e). 

The Court thanks the parties for their cooperative efforts in resolving this matter. 

The Clerk shall enter judgment accordingly.2

IT IS SO ORDERED. 

s/Christian J. Moran

Christian J. Moran

Special Master

 

2

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.