# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 13-083V (Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* KEBEDE GEBREYES, *
* Petitioner, * Filed: January 7, 2015
* v. * Decision; Attorneys’
* Fees & Costs
SECRETARY OF HEALTH AND * HUMAN SERVICES, *
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Ronald Craig Homer , Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.

Linda Renzi , U.S. Dep’t of Justice, Wa shington, DC, for Respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1

On January 31, 2013, Kebede Gebreyes filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Thereafter, on Augus t 26, 2014, the parties filed a stipulation settling the case and detailing the amount to be awarded to Petitioner. I subsequently issued a decision finding the partie s’ stipulation to be reasonable and granting
Petitioner an award as outlin ed in the stipulation.

1 Because this decision contains a reason ed explanation for my action in this cas e, it will be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that each party ha s 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of priv acy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the public. Id.

2 The National Vaccine Injury Compen sation Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended, 42 U.S.C.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Indi vidual sections references hereafter will be to ' 300aa of the Act.2 On December 10, 2014, Petitioner filed a moti on for attorneys’ fees and costs. The motion indicates that the attorneys’ fees in this case are $13,220.70, the attorneys’ costs are $1,196.98, and Petitioner’s cost are $350.00. Respondent’s counsel did not formally respond to the motion, but has since informed my chambers that this amount represents a sum to which Respondent does not object. In addition, and in compliance with General Order #9, Petitioner and Counsel filed a statement regarding costs accrued.

I approve the requested amount for attorneys’ fees and cost s as reasonable. Accordingly, an award of $350.00 should be made in the form of a check payable to Petitioner, and an award of $14,417.68 should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Ronald Homer. In the abse nce of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3



### IT IS SO ORDERED.

/s/ Brian H. Corcoran
Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), th e parties may expedite entry of judgmen t by each filing (either jointly or separately) a notice renouncing their right to seek review.