# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JAN BUSIERE, *

* No. 15

- 1319V

Petitioner, * Special Master Christian J. Moran

*

v. *

*

SECRETARY OF HEALTH * Filed: September 8 , 2016

AND HUMAN SERVICES *

* Attorneys’ fees and costs; award

Respondent. * in the amount to which respondent

* has not objected

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

Amber D. Wilson , Maglio Christopher Toale, PA, Washington, DC , for p etitioner;

Sarah C. Duncan , U.S. Dep’t of Justice, Washington, DC, for r espondent.

UNPUBLISHED DECISION ON ATTORNEY S’ FEES AND COSTS 1

On November 4, 2015

, p etitioner filed a petition for compensation under the

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

- 10, et seq.

, (the

“Vaccine Act”). Petitioner alleged that she suffered optic neuritis

. On August 15,

2016

, the undersigned issued a decision awarding compensation to petitioner based

on the parties’ stipulation

.

Because petitioner received compensation, petitioner is entitled to an award

of attorneys’ fees and costs. 42 U.S.C. § 300aa

- 15(e).

1 Because this unpublished decision contains a reasoned explanation for the action in this case,

the undersigned intends to post it on the United States Court of Federal Claims' website, in

accordance wi th the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal

Management and Promotion of Electronic Government Services). In accordance with Vaccine

Rule 18(b), petitioner has 14 days to i dentify and move to redact medical or other information,

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review,

the undersigned agrees that the identified material fits within this definition, the undersigned will

re dact such material from public access.2

On September 8, 2016

, petitioner filed a n unopposed motion for attorneys’

fees and costs. 2 Petitioner requests attorneys’ fees in the amount of $ 11,501.50 and

attorneys’ costs in the amount of $ 604.88 for a total amount of $ 12,106.38 . In

compliance with General Order #9, petitioner has filed a signed statement

indicating petitioner incur red no out

- of

- pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs.

§ 15(e). Based on the reasonableness of petitioner’s request and t he lack of

opposition from respondent , the undersigned GRANTS petitioner’s mo tion for

attorneys’ fees and costs.

Accordingly , the undersigned award s the total of $ 12,106.38

. Of this

amount $ 12,106.38 shall be payable as a lump sum in the form of a check

jointly payable to petitioner and petitioner’s counsel Amber D. Wilson

. 3

T he clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

2 In the motion, petitioner states that respondent has no obj ection to petitioner’s request.

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 Health & Human Servs.

, 924 F.2d 1029 (Fed. Cir.1991).

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expe dited by the parties’ joint filing

of notice renouncing the right to seek review.