1

In the United States Court of Federal Claims

No. 03-1301V

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Not to be Published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 Attorneys’ Fees 

Petitioner, * and Costs

*

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES *

*

Respondent. *

*

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

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1

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

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

2014, Petitioners filed a Motion for a decision adopting the parties’ agreement with respect to

attorneys’ fees and costs in this case. Pursuant to the parties’ agreement, Petitioners 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 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this 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 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), a party has 14 days to identify 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 that 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.
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Petitioners’ Motion represents that Petitioners’ counsel has contacted Respondent’s 

counsel to confirm that Respondent has no objection to Petitioners’ request. In lieu of filing a 

Vaccine General Order #9 statement, Petitioners’ counsel represents that he will reimburse 

Petitioners any costs that Petitioners personally incurred that are compensable under § 15(e)(1).

The request for attorneys’ fees and costs is granted. Petitioners 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 sum3of $12,699.13, to be paid in the form of a 

check payable jointly to the petitioners 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 rendered. 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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See

Vaccine Rule 11(a).