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# In the United States Court of Federal Claims

No. 0 3

- 1301 V

Filed: July 21 , 2014

Not to be Published

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

BOZENA ZARZYCKA and *

ARKADIVSZ ZARZYCKI, as *

the parents and natural guardians *

of A.Z., a minor, *

* Autism; Decision on Attorney s ’ Fees

Petitioner, * and Costs

*

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES *

*

Respondent. *

*

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

DECISION AWARDING ATTORNEY S’ FEES AND COSTS 1

In this case under the National Vaccine Injury Compensation Program, 2 I issued a n Order

Concluding Proceedings pursuant to Vaccine Rule 21(a), on February 5, 2014. On July 21

, 2014, P etitioner s filed a M otion for a decision a dopting the parties’ agreement with respect to

attor neys’ fees and costs in this case. P ursuant to the parti es’ agreement, P etitioner s seek

attorneys’ fees and costs in the amount of $ 12,699.13

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this

decision on the United States C ourt 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), a party has 14 days to identif y and move to delete medical or other

information, that satisfies the criteria in 42 U.S.C. § 300aa

- 12(d)(4)(B). Further, consistent with the rule

requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree tha t the

identified material fits within the requirements of that provision, I will delete such material from public access.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa

- 10 et seq . (2006).

Hereafter, individual section references will be to 42 U.S.C. § 300aa.2

Petitioners’ Mot ion represents that P etitioners’ counsel has contacted R espon dent’s

counsel to confirm that R espondent has no objection to P etitioners’ request. In lieu of filing a

Vaccine General Order #9 statement, P etitioners’ counsel rep resents that he will reimburse

P etitioner s any costs that P etitioner s personally incurred that are compensable under § 15 (e)(1).

The request for attorneys’ fees and costs is granted. Petitioner s are awarded

reasonable attorneys’ fees and costs pursuant to §§ 15(b) and (e)(1), as I find that the petition

was brought in good faith and upon a reasonable basis, and the amounts requested are reasonable

and appropriate.

Pursuant to §15( e), I award a lump sum 3 of $ 12,699.13

, to be paid in the form of a

check payable jointly to the petitio ner s and petitioners’ counsel, Michael A. London

.

In the absence of a timely

- filed motion for review filed pursuant to Appendix B of the

Rules of the U.S. Court of Federal Claims, the Clerk of the court shall enter judgment in

accordance herewith. 4

IT IS SO ORDERED.

s/ George L. Hastings, Jr.

George L. Hastings, Jr.

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 render ed. 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 Dep't Health and Human Services , 924 F.2d 1029 (Fed. Cir.1991).

4 E ntry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See

Vaccine Rule 11(a).