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 petitioner;

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

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS1

On November 4, 2015, petitioner 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, 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 with 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 identify 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 

redact such material from public access.
2

On September 8, 2016, petitioner filed an 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 incurred 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 the lack of 

opposition from respondent, the undersigned GRANTS petitioner’s motion for 

attorneys’ fees and costs.

Accordingly, the undersigned awards 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

 

The 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 objection 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 expedited by the parties’ joint filing 

of notice renouncing the right to seek review.