# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-745V Filed: November 13, 2015
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * KATHLEEN FARINA, *

* Petitioner, *

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

* Respondent. *

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

Rick M. Schoenfield

, DiVincenzo, Schoenfield, and Sw artzman, Chicago, IL, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On August 19, 2014, petitioner filed a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 [the “Vaccine Act”]. Petitioner all eged that as the result of an influenza [“flu”] vaccination on October 11, 2012, she suffered from Guillain Barre Syndrome [“GBS”]. On September 9, 2015, a decision issued awar ding compensation to petiti oner based on the parties’ stipulation.

On November 13, 2015, the parties f iled a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to t he stipulation, the parties stipulate to an

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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, Pub. L. No. 107-3 47, § 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 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).2 award of $ 17,195.00 represent ing all attorney and paralega l fees and costs, and an award of $400.00 representing petitioner’s pers onally incurred out-of- pockets costs.

The Vaccine Act permits an award of r easonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Bas ed on the reasonableness of pet itioner’s request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorne ys’ fees and costs.

Accordingly, the undersigned awards:

1. $17,195.00 in the form of a che ck jointly payable to petitioner and petitioner’s counsel, Rick Schoenfield; and

2. $400.00 in the form of a check solely payable to petitioner. 3

The clerk of the court shall ent er judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 These amounts are intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a cl ient, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-1 5(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).

4 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.