In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-0534V 

Filed: July 18, 2016 

UNPUBLISHED 

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

TRACY BUTLER, * 

 * 

 Petitioner, * 

v. * 

 * Attorneys’ Fees and Costs; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”) 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. 

Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On April 29, 2016, Tracy Butler (“petitioner”) filed a petition for compensation 

under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et 

seq.,2 (the “Vaccine Act”). Petitioner alleged that she suffered a shoulder injury related 

to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she 

received on October 5, 2015. On July 1, 2016, the undersigned issued a decision 

awarding compensation to petitioner based on respondent’s proffer. (ECF No. 17). 

 On July 11, 2016, petitioner filed a motion for attorneys’ fees and costs. (ECF 

No. 21). Petitioner requests attorneys’ fees in the amount of $13,548.00, and attorneys’ 

costs in the amount of $767.63, for a total amount of $14,315.63. Id. at 1-2. In 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 Court 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 information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2 

compliance with General Order #9, petitioner filed a signed statement stating that she 

has not advanced any funds in the prosecution of her claim. 

On July 18, 2016, respondent filed a response to the motion for attorneys’ fees 

and costs stating that respondent does not object to the overall amount sought, as it is 

not an unreasonable amount to have been incurred for the proceedings to date. 

Respondent states that her lack of objection should not be construed as an admission, 

concession or waiver as to the hourly rate requested, the number of hours billed, or the 

other litigation costs. 

 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 

§ 15(e). Based on the reasonableness of petitioner’s request 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 $14,315.633 as a lump 

sum in the form of a check jointly payable to petitioner and petitioner’s counsel 

Jeffrey S. Pop. 

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

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3 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 costs” as well as fees for legal services rendered. 

Furthermore, § 15(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 of Health & Human Servs.,

924 F.2d 1029 (Fed. Cir.1991). 

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.