# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 02

- 553 V

Filed: October 10, 2014

Not for P ublication

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

LINDSEY CUNNINGHAM, a Minor, *

by her Parents and Natural Guardians, *

BOB CUNNINGHAM and LISA *

K APLAN

, *

*

Petitioner s

, * Attorneys’ fees and costs decision b ased on

* s tipulation of f

act

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Clifford J. Shoemaker

, Vienna, VA , for petitioner s

. Michael P. Milmoe , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS ’ FEES AND COSTS 1

On October 10 , 2014 , the parties filed a stipulation of fact in which they agreed on an

appropriate amount for attorneys’ fees and costs in this case

.

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and

move to redact such information prior to the document = s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

redact such material from public access.2

Petitioner s f

iled an application for attorneys ’ fees and costs on July 18, 2014

. During

informal discussions, respondent ra ised objectio ns t o certain items in petitioner s ’ application

. Based on these objections, petitioner s amend their application for attor ne ys’ fees and costs to

$ 37

, 561.16, consisting of $37,000.00 in attorneys ’ fees and costs and $561.16 in petitioner s ’ costs

. Respondent does not object to th is amount

. The undersigned finds th is amount to be reasonable.

Accordingly, the court awards :

a. $ 37

, 000

. 00 , representing reimbursement for attorneys’ fees and costs. The award

shall be in the form of a chec k payable jointly to petitioner s and Shoemaker,

Gentry, and K n i ckelbein in the amount of $ 37

, 000

. 00 ; and

b. $561.16 , representing reimbursement for petitioner s ’ costs. The award shall be in

the form o f a check payable to petitioners in the amount of $561.16

.

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

court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: October 10, 2014 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek review.