# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 1

- 603 V

Filed: M arch 30 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

LAUREN FARB

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Attorneys’ Fees and Costs;

v. * Reasonable Amount Requested To

* Which Respondent Does Not Object.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Ronald Craig Homer , Conway, Homer & Chin

- Caplan, P.C., Boston, MA, for Petitioner.

Jennifer Reynaud , United States Department o f Justice, Washington, DC, for R espondent.

DECISION 1

On September 20, 2011, Lauren Farb (“Petitioner”) filed a petition pursuant to the

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

- 1 to

- 34 (2006).

Petitioner allege d that a tetanus

- diptheria

- acellular

- pertussis (“Td ap”) vaccine adminis tered on

April 15, 2009 caused her to suffer from chronic anaphylaxis. On October 29, 2014, the

undersigned issued a decision awarding compensation to Petitioner.

On March 17 , 2015

, P etitioner filed an Application for Attorneys ’ Fees and Costs.

Petitioner requests reimbursement for total fees and costs in the amount of $67,405.33.

Petitioner represe nts that, o f this amount, she personally incurred $447.80 in costs. See General

Order Number 9 Statement, filed March 17, 2015, at 1.

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

undersigned intends to post this ruling 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, § 205, 116 Stat. 2899, 2913

(codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party

has 14 days within which to request redaction “of any information furn ished 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 o f

priv acy.” Vaccine Rule 18(b).

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 citations in this decision to individual sections of the

Vaccine Act are to 42 U.S.C.A. § 300aa.

1On March 27, 2015, the p arties informally notified the undersigned ’ s c hambers that

Respondent has no objection to the requested fees and costs.

The undersigned finds that this petition was brought in good faith and that there existed a

reasonable basis for the claim. The refore, an award for fees and costs is appropriate, pursuant to

42 U.S.C. § 300aa

- 15(b) and (e)(1). Further, the proposed amount s seem reasonable and

appropriate. Accordingly, the undersigned hereby awards the amount o f $66,957.53 , in the

form of a check made payable jointly to Petitioner and Petitioner ’ s counsel, Ronald Homer,

o f the law firm of Conway, Homer & Chin

- Caplan, P.C .; and $ 447.80 , in the form of a

check made payable solely to Petitioner

.

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

the court SHALL EN TER JUDGMENT in accordance with the terms of the parties’

stipulation. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

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