# 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UNPUBLISHED DECISION ON FEES AND COSTS 1

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 o f 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 a nd 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 T he 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 po sted on the website.2

Even though compensation was denied, a petitioner w ho 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 petit ioners 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 conten d that petitioners failed to satisfy these criteria.

Petitioner seek s a total of $18,813.77 in attorneys’ fees and costs for he r counsel.

Additionally, in compliance with General Order No. 9, petitioner state s 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 payabl e 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 effo rts 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.