# 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UNPUBLISHED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 Ju stice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On April 29, 2016, Tracy Butler (“petit ioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et

seq., 2 (the “Vaccine Act”). Petitioner alleged t hat she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a re sult 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims'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).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 respons e 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 in curred 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 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 $14,315.63 3 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 ent er 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 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).

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.