In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-1094V

Filed: December 18, 2015

UNPUBLISHED

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BETHANY ZELLMER-CESNIK, *

*

Petitioner, *

v. *

* Attorneys’ Fees and Costs; Stipulation

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.

Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

On September 29, 2015, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 [the 

“Vaccine Act”]. Petitioner alleged that she suffered a shoulder injury following receipt of 

an influenza vaccine. On December 18, 2015, the undersigned issued a decision 

awarding compensation to petitioner based on respondent’s proffer.

On December 17, 2015, the parties filed a Stipulation of Fact Concerning 

Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an 

award of $12,000.00. In accordance with General Order #9, petitioner’s counsel 

represents that petitioner incurred no out-of-pocket expenses.

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 

U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’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, the undersigned awards the total of $12,000.003 as a lump 

sum in the form of a check jointly payable to petitioner and petitioner’s counsel 

Paul Brazil.

The clerk of the court shall enter judgment in accordance herewith.4

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all 

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. 

Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including 

costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924 

F.2d 1029 (Fed. Cir.1991).

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.