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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: April 21, 2015

* * * * * * * * * * * * * * UNPUBLISHED

CHARLES FOUT. * No. 12-343V

* Petitioner, * Special Master Dorsey

*

v. * * Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Reas onable Amount Requested to which AND HUMAN SERVICES, * Responde nt Does not Object.

* Respondent. *

*

* * * * * * * * * * * * * Benjamin Scott Barnes, Hall and Bu tler, Bowie, MD, for petitioner. Michael Patrick Milmoe, United States Department of Justice, Washingt on, DC, for respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1

On May 31, 2012, Charles Fout (“petitioner”), filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccina tion that he received on Septem ber 8, 2010, caused him to suffer

Guillain-Barr ė syndrome. See Petition at 1. On July 18, 2014, the undersigned entered a decision awarding compensation to petitioner base d on a stipulation filed by the parties.

On April 21, 2015, the parties filed a Stipulati on of Fact Concerning Attorneys’ Fees and Costs. According to the stipul ation, the parties stipulate to a total award to petitioner of

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 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 priv ileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire d ecision will be available to the public. Id.

2 The National Vaccine Injury Compensation Progr am is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2 attorneys’ fees and costs in the amount of $11,750.00. In accordance with General Order #9, petitioner’s counsel states that pe titioner did not advance any reimbur sable costs in pu rsuit of this

claim.

The Vaccine Act permits an award of reasonabl e attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of peti tioner’s request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys’

fees and costs.

Accordingly, an award should be made as follows:

in the form of a check jointly payable to pe titioner and to petitioner’s attorney, Benjamin

Scott Barnes of the law firm of Hall and Butler, in the amount of $11,750.00

.

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgme nt is expedited by the parties’ joint filing of notice renouncing the ri ght to seek review.