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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1474 V

Filed: April 18, 2017

( Not to be Published )

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

*

JANET CAKIR, as parent and * Decision on Interim Attorneys’

guardian of C.A.C., a minor, * Fees and Costs

*

Petitioner, *

*

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES *

*

Respondent. *

*

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

DECISION AWARDING INTERIM ATTORNEY S’ FEES AND COSTS

HASTINGS, Special Master

.

On December 7, 2015

, P etitioner filed a Petition f or Vaccine Compensation in the

National Vaccine Injury Compensation Program (“the Program”), 1 alleging that C.A.C

. was

injured by a vaccine or vaccines listed on the Vaccine Injury Table. See § 14. On March 23

, 2017, Petitioner filed an application for interim attorneys’ fees and costs in this matter.

Petitioner requ est s a total award of $28.794.66 , representing $20,229.50 fo r attorneys’ fees, and

$8,565.16 for attorneys’ costs.

On April 5, 2017, Respondent filed a Response to Petitioner’s application for Attorneys’

Fees and Costs. ( ECF No. 30 .) However, Respondent provided no specific comments

concerning the amounts requested, and simply “recommends that the special master exercise his

discretion [to] determine a reasonable award.” ( Id ., p. 3.)

1 The Program comprises 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

- 10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter,

individual section references will be to 42 U.S.C. § 300aa of the Act.2

I find that an award of interim attorneys’ fees and costs is appropria te in this case.

Interim attorneys’ fees and costs are explicitly authorized by the binding precedent of the United

States Court of Appeals for the Federal Circuit. Avera v. HHS , 515 F.3d. 1343; Shaw v. HHS

, 609 F.3d 1372, 1374 (Fed. Cir. 2010) (“the Vac cine Act permits [an] award of interim fees and

costs”); Cloer v. HHS , 675 F.3d 1358, 1361

- 62 (Fed. Cir. 2012) (“Congress made clear that

denying interim attorneys’ fees under the Vaccine Act is contrary to an underlying purpose of the

Vaccine Act.”). S ee also Vaccine Rule 13(b).

The request for interim attorneys’ fees and costs is hereby granted. I find that the

petition was brought in good faith and upon a reasonable basis

, and the amount s requested are

reasonable and appropriate. Accordingly, I hereby award the following attorneys’ fees and costs

pursuant to 42 U.S.C. § 300aa

- 15(b) and (e)(1):

• a lump sum of $28,794.66 , in the form of a check payable jointly to Petitioner

and P etit i oner’s counsel, Andrew D. Downing , on account of services performed

by counsel’s law firm.

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 cou rt shall enter judgment in

accordance herewith. 2

IT IS SO ORDERED.

/s/ George L. Hastings, Jr.

George L. Hastings, Jr.

Special Master

2 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).