# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JENNIFER ROBI, * No. 13

- 734V

*

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: June 2 6 , 2015

*

SECRETARY OF HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which respondent

* does not object.

Respondent. *

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

Sol P. Ajalat

, Ajalat & Ajalat, North Hollywood, CA

, for petitioner;

Debra A. Filteau Begley , U nited States Dep’t of Justice , Washington, D

. C

. , for

respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On June 24 , 2015, petitioners filed a stipulation of fact concerni ng final

attorneys’ 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 objection s

to certain items. Based on subsequent discussions, petitioner amended her

application to request $ 38,365.08 , an amount to which respondent does not object.

The Court awards this amount.

On September 25, 2013

, Jennifer Robi filed a petition f or compensation

alleging that the human papillomavirus (“HPV”) vaccines administered to her on

Ma r ch 4, 2010, June 29, 2010, and January 20, 2011, and influenza (“flu”)

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 ruling on its website. Pursuant to Vaccine Rule 18(b), the

parties have 14 days to file a motion proposing redaction of medical infor mation 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

vaccines administered on October 1, 2010, and September 12, 2011, caused her to

develop an acquired demyelination neuropathy or an aggravation of existing

fibromyalgia.

During status conferences, the parties discussed the need for petitioner to

obtain a report from an expert, opining that a vaccination harmed her. Because the

medical r ecords do not support Ms. Robi’s claim, a medical opinion must be

offered in support. Ms. Robi, however, has offered no such opinion. See Pet’r ’s

Motion for a Judgment on the Record , filed March 13 , 2014. In this ruling,

compensation was denied. Decisi on , dated April 15, 2015

.

Even though compensation was denied, petitioner s who bring s t he i r petition

in good faith and who have 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

petitioner gathered and filed medical records, attempted to obtain an expert report,

and moved for a decision on the record when further investigation revealed that

petitioner were unlike to prove her case. Thus, because petitioner ’ s counsel acted

in good faith and because there was a reasonable basis for proceeding, petitioner is

eligible for an award of attorneys’ fees and co sts. Respondent does not contend

that petitioner failed to satisfy these criteria.

Petitioners seek a total of $ 35,865.08 in attorneys’ fees and costs for their

counsel. Additionally, in compliance with General Order No. 9, petitioner state s

that she incurred $ 2,500 .00 in 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. A lump sum of $ 35,865.08 in the form of a check made payable to

petitioner and petitioner’s attorney, Sol P. Ajalat, Esq. , for

attorneys’ fees and other litigation costs available under 42 U.S.C. §

300aa

- 15(e).

b. A lump sum of $ 2,500 .00, payable to petitioner, Jennifer Robi

, for

costs she incurred in pursuit of her petition.

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

matter. The Clerk shall enter judgment accordingly.3

Any questions may be directed to my law clerk, Christina Gervasi , at (202)

357

- 6 360

.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran