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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 713 V

Filed: September 15 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

THOMAS SHINSKEY

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation;

v. * Attorneys’ Fees and Costs

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Mindy M. Roth

, Britcher, Leone & Roth, LLC

, Glenn Rock, NJ

, for petitioner

. Heather L. Pearlman

, United States Department of Justice, Washington , DC, for respondent.

DECISION ON INTERIM ATTORNEYS’ FEES AND COSTS 1

On July 9, 2015

, Thomas Shinskey (“ petitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner alleged

that as a result of receiving a Diptheria

- Tetanus

- Pertussis (“ DTP ”) vaccine on July 30, 2012

, he

developed Guillain

- Barré Syndrome

. Petition at Preamble

.

On September 11, 2015

, the parties filed a stipulation concerning interim attorneys’ fees

and costs

. Petitioner requests a total award of interim attorneys’ fees and costs in the amount of

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the w ebsite 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 Vaccine Rule

18(b), each party has 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 disclosu re of which would

constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in 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. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citati ons in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

$ 5,648.87

. Stip. for Fees and Costs ¶ 3

. Respondent does not object. Id. In accordance wi th

General Order #9, petitioner ’s counsel represents that petitioner did no t incur any reimbursable

costs in pursuit of this claim. Id. at ¶ 4

.

The Vaccine Act permits an award of reasonable interim attorneys’ fees and costs. 42

U.S.C. § 300 aa

- 15(e). Based on the reasonableness of the parties’ stipulation , the undersigned

GRANT S the request for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

(1) A check jointly payable to petitioner and to petitioner’s attorney, Mindy M. Roth

, of Britcher, Leone & Roth, LLC , in the amount of $ 5,648 .87

.

I n the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the

cour t SHALL ENTER JUDGMENT in accordance herewith

. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.