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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-757V Filed: March 29, 2016

Not for Publication

************************************* DEAN WAASTED , * * Petitioner, * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Jeffrey S. Pop

, Beverly Hills, CA , for petitioner. Gordon Shemin , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1

On July 20, 2015, petitioner filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012). Petitioner alleged that he suffered from G uillain

- Barré syndrome (“GBS”) and transverse m yelitis (“TM”) c aused by his receipt of influenza (“f lu”) vaccine on September 5, 2014. On March 24, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties’ stipulation

.

On March 2 8, 2016, petitioner filed a motion for attorne ys’ fees and costs. Petitioner requests at torneys’ fees in the amount of $20,985.00 and att orneys’ costs in the amount of $1,385.87 for a total amount of $22,370.87. In compliance with General Order #9, petitioner has

1 Because this unpublished decision contains a reasoned explanation f or the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance w ith the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states t hat all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document = s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Attorneys’ fees and costs decision; respondent does not object2 filed a signed statement indicating petitioner incur red no out-of- pocket expenses. Petitioner’s motion indicated that respondent does not object to the undersigned awarding petitioner $22,370.87 in attorneys’ fees and costs. On March 29, 2016, the undersigned’s law clerk contacted responde nt’s c ounsel, who confirmed respondent has no objections to petitioner’s motion.

The Vaccine Act permits an award of “reasonable attorneys’ fees” and “other costs.” 42 U.S.C. § 300aa-15(e)(1). Based on the reasonableness of petitioner’s request and the lack of opposition from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and costs. The undersigned awards $22,370.87 , representing reimbursement for attorneys’ fees

an d costs. The award shall be in the form of a chec k made payable jointly to petitioner and Jeffrey S. Pop & Associates in the amount of $22,370.87

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: March 29, 2016 s/ Laura D. Millman Laura D. Millman Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or jointly, filing a notice renouncing the right to seek review.