# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0 894 V

Filed: December 2, 2015

U npublished

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

LEO J. JEROME

, *

*

Petitioner s

, *

v. *

* Attorney s’ Fees and Costs; Stipulation ;

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

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Carol L. Gallagher, Carol L. Gallagher, Esq. LLC

, Linwood, NJ , for petitioner.

Lara A. Englund , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On August 19, 2015

, 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” or “Program”)

. Petitioner alleged that he suffered a shoulder injury as a

result of an influenza (“flu”) vaccine administered to him on September 10 , 2014. On

November 23, 2015

, the undersigned issued a decision awarding compensation to

petitioner based on a proffer from respondent

.

On November 30, 2015 , the parties filed a Stipulation of Fact Concerning

Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a n

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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, Pub. L. No. 107

- 347, § 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 ot her 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 subpara graph of 42 U.S.C. §

300aa (2012 ).award of $ 1 2, 387.50 for attorneys’ fees and costs In accordance with General Order

#9, petitioner incurred $400.00 in reimbursable out

- of

- pocket costs

.

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

U.S.C. § 300 aa

- 15(e). Based on the reasonableness of petitioner’s request and the

lack of any objection by respondent, the unders igned GRANTS the request for approval

and payment of attorneys’ fees and costs.

Accordingly , the undersigned awards petitioner the following:

A. A lump sum payment of $ 12,387.50 3 in the form of a check jointly payable

to petitioner and petitioner’s attorney, Carol L. Gallagher

.

B. A lump sum payment of $ 4 00.00 in the form of a check payable to petitioner

for reimbursable out

- of

- pocket costs.

T he 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 c over all legal expenses incurred in this matter. This award encompasses all

char ges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.

Furthermore, 42 U.S.C. § 300aa

- 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, HHS , 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.