# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 1

- 622 V

(Not to be published)

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

*

SUSAN CHESSY

, *

* Filed: June 3 , 201 4

Petitioner, *

* Decision by Stipulation ; Attorneys’

v. * Fees & Costs

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

*

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

Peter Meyers

, National Law Center, Washington

, DC

, for Petitioner

Claudia Gangi

, U.S. Dep’t of Justice, Washington, DC, for Respondent

ATTORNEY S ’ FEES AND COSTS DECISION 1

On September 28 , 201 1 , Petitioner Susan Chessy filed a petition seeking compensation

under the National Vacc ine Injury Compensation Program. On November 26, 201 3

, the parties

filed a stipulation detailing an amount to be awarded to Petitioner

. That same day, a decision was

issued finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined

by the stipulation

.

1 Because this decision contains a reasoned explanation for my action in this case, I will post this

decision on the United States Court of Federal Claims’ website, 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 42 U.S.C § 300aa

- 12(d)(4)(B)

, however, the parties may object to the published decision’s inclusion of certain kinds of

confidential information. To do so, Vaccine Rule 18(b) permit each party 14 days within which

to request redaction “of any information furnished 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 simil ar files, the disclosure of which would constitute a clearly unw arranted

invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the

public. Id.On June 3 , 2014

, counsel for both parties filed a nother joint stipulation, this time

regarding attorney s ’ fees and costs

. The parties have stipulated that Petitioner’s counsel should

receive a lump sum of $ 2 1

, 628

. 27 in the form of a check jointly payable to Petitioner and

Petitioner’s counsel. This amount represents a sum to which R espondent does not object. In

accordance with General Order #9, the stipulation also includes a statement that P etitioner

incurred $371.73 in reimbursable costs in pursuit of h er claim.

I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly,

an award should be made in the form of a check jointly payable to Petitioner and Petitioner’s

counsel, Peter H. Meyers, in the amount of $21,628.27

. A separate award should be made in the

form of a check payable only to Petitioner in the amount of $371.73. In the absence of a motion

for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER

JUDGMENT in accordance with the terms of the parties’ stipulation. 2



### IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing (jointly or

separately) notice s renouncing the ir right to seek review.