1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 4

- 840V

Filed: October 5 , 2015

* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED

M ICHAEL SCHIFFGENS

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

v. * Attorneys’ F ees and Costs; Reasonable

* Amount Reques ted to which Respondent

SECRETARY OF HEALTH * Does Not Object.

AND HUMAN SERVICES, *

*

Respondent. *

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

John R. Howie, Jr.

, H owie Law

, P.C., D allas, TX

, for Petitioner.

D arryl R. Wishard

, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On S eptember 10

, 2014

, M ichael Schiffgens (“Petitioner”) filed a petition for

compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1

et seq. (2006) (“Vaccine Act”). Petitioner alleged that the administration of a Tetanus

Diphtheria

- Acellular Pertussis ( “ T dap ” ) vaccine on S eptember 6, 2011 caused him to suffer from

Guillain

- Barr é Syndrome. Petition (“Pet.”) at 1

- 9

. On A ugust 21, 2015 , the undersigned filed a

decision awarding compensati on to Petitioner. Decision, ECF No. 33

.

On October 5 , 2015

, Petitioner filed a “ Stipu lation of Facts Concerning Attorneys’ Fees

and Costs ”

. Pursuant to their Stipulation, t he parties have agreed to an award of $ 3 0,000.00 in

attorneys’ fees and cost s. In accordance with General Order #9, Petitioner ’s counsel represents

that Petitioner has not incurred any costs in pursuit of his claim

. Stipulation, ECF No. 38

.

The undersigned finds that this 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 amoun t seems reasonable and

appropriate. Accordingly , the undersigned hereb y awards the amount of $ 30,000.00, in the

1 The undersigned intends to post this unpublished decision on the United States Court of Federal Claims’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 not e (2006)). As provided by Vaccine Rule 18(b), each

party has 14 days within which to file a motion for redaction “of any information furnished by that party

(1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that

are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion

of privacy.” In the absence of such motion, the entire decision will be available to the public. Id.2

form of a check made payable jointly to Petitioner and Petitioner ’ s counsel, John R. Howie,

Jr.

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/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.