1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 351

Filed: November 26 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

A RLENE TROMPCZYNSKI

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

*

v. * Attorneys’ Fees and Costs;

* Reasonable Amount Requested

SECRETARY OF HEALTH * to Which Respondent Does Not

AND HUMAN SERVICES, * Object.

*

Respondent. *

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

R onald C. Homer , Conway, Homer & Chin

- Caplan, P.C., Boston, MA

, for P etitioner

. M ichael Milmoe

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On M ay 23 , 2013, Arlene Trompczynski ( “Petitioner”) filed a petition pursuant to the

National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 et seq. (2006)

(“Vaccine Act”). Petitioner alleged that s he suffered from G uillain

- Barre syndrome ( “ GBS ” )

, and that this injury had been caused by the Tetanus

- Dip h theria

- acellular Pertussis (“ Tdap ”)

vaccine received on A ugust 20 , 2010. Petition (“Pet”) at 1

. On J uly 14, 2014 , the undersigned

issued a decision awarding compensation to the Petitioner

.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling 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, § 205, 116

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 privileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would constitute a clearly unwarranted invasion o f privacy.” Vaccine Rule

18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childho od Vaccine Injury Act of 1986, Pub. L. No. 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

On November 2 6

, 2014

, the parties filed a Stipulation of Fact Concerning Attorneys’

Fees and Costs. This stipulation requests a total payment of $ 1 4,150.00 , representing total

attorneys’ fees and costs. In compliance with General Order #9, Petitioner represents that no

personal, out

- of

- pocket expenses were incurred in proceeding on the petition.

The undersigned finds that the petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to

42 U.S.C. § 300aa

- 15(b) and (e)(1). Further, the proposed amount seems reasonable and

appropriate. Accordingly, the undersigned hereby awards the amount of $ 1 4,150.00 , in the

form of a check made payable jointly to Petitioner and Petitioner’s counsel, Ronald C.

Homer, Esq.

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

the court SHALL ENTER JUDGMENT in accordan ce with the terms of the parties’

stipulation.

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master