# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-450V Filed: March 30, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * KRISTEN BELL, *

* Petitioner, *

v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Stadelnikas, Maglio Christ opher and Toale, PA, for petitioner. William Powers, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On April 11, 2016, petitioner filed a petition for compens ation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine Act”). Petitioner alleged that she suffer ed from a shoulder injury related to vaccine administration (“SIRVA”) following a tetanus vaccination. On January 26, 2017, the undersigned issued a decision awarding co mpensation to petitioner based on the parties’ stipulation. (ECF No. 35).

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:16-vv-00450-UNJ Document 40 Filed 03/30/17 Page 1 of 22 On March 7, 2017, petitioner filed an unopposed motion for attorneys’ fees and costs. (ECF No. 38). 3 Petitioner requests attorneys’ fees in the amount of $14,268.80 and attorneys’ costs in the amount of $799.15 for a total am ount of $15,067.95. Id. at 2. In compliance with General Order #9, petiti oner has filed a signed statement indicating petitioner incurred no out-of-pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and cost s. § 15(e). Based on the reasonab leness of petitioner’s reques t and the lack of opposition from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and

costs.

Accordingly, the undersigned awards the total of $15,067.95 4 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel

Diana L. Stadelnikas.

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

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 The motion was filed as an unopposed motion but does not specifically state that respondent has no objection.

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 co sts” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from char ging or collecting fees (including costs) that would

be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.1991).

5 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review. Case 1:16-vv-00450-UNJ Document 40 Filed 03/30/17 Page 2 of 2