# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: June 11 , 2014

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

The Estate of V.C. , by * UN PUBLISHED

her parents and personal representatives, *

DANIEL and STEPHANIE CHRISTNER * No. 11

- 74 V

*

Petitioner s

, *

* Special Master Dorsey

v. *

* Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Reasonable Amount Requested to which

AND HUMAN SERVICES, * Respondent Does not Object.

*

Respondent. *

*

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

Clifford John Shoemaker

, Shoemaker and Associates

, Vienna, VA

, for petitioner s

. Michael Patrick Milmoe

, U.S. Dep artment of Justice, Washington, D

. C

. , for respondent

.

ATTORNEYS ’ FEES AND COSTS DECISION 1

On February 4, 2011

, Daniel and Stephanie Christner ( “ petitioner s ” ) filed a petition

pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 to

- 34

(2006). Petitioner s alleged that their daughter, V ictoria, died due to Sudden Infant Death

Syndrome (SIDS) as a result of the administration of the haemophilus influenzae B (Hib),

diphtheria tetanus acellular pertussis (Dtap), RotaVirus, pneumococcal conjugate, and polio

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

the undersigned intends to post this decision on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). 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 disclosure of which would constitute a clearly unwarranted

invasion of privacy.” V accine Rule 18(b). Otherwise, the entire decision will be available to the

public. Id.

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.

1vaccines on October 22, 2008, and December 23, 2008. Petition at ¶¶ 5, 6. On October 11,

2013

, the undersigned entered a decision dismissing the petition for insufficient proof.

O n June 10 , 2014

, the parties filed a Stipulation of Fact s Concerning Attorney s ’ Fees and

Costs. According to the stipulation, the parties stipulate to an award to petitioner s of atto rney s ’

fees and costs in the amount of $34,100 .00

. In accordance wi th General Order #9, petitioner s ’

counsel rep resents that petitioners have personally $378.02, in reimbursable costs in pursuit of

their claim

.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §

300 aa

- 15(e). Based on t he reasonableness of the parties’ stipulation , the undersigned GRANTS

the request for approva l and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

(1) in the form of a check jointly payable to petitioner s and to Mr. Clifford

Shoemaker of the law firm of Shoemaker, Gentry & Knickelbein, in the amount

of $ 34,100 .00 , and

(2) in the form of a check payable to petitioners only in the amount of $378.02

.

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

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.

2