# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0 019 V

Filed: August 14 , 2015

Unpublished

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

ERICA VANCLEAVE

, *

*

Petitioner, *

v. *

* Attorney Fees and Costs; Stipulation

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

HUMAN SERVICES

, *

*

Respondent. *

*

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

John Howie, Jr., Howie Law, Dallas, TX

, f or petitioner.

Alexis Babcock , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

On January 8 , 2015, Erica VanCleave filed a petition for compensation under the

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

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. The petition alleged that she suffered infection, sepsis,

and resulting neurological injuries in her shoulder and arm resulting from the influenza

(“flu”) vaccine she received on November 11, 2013

. On July 29 , 2015

, I issued a

decision awarding compensation to petitioner based on a joint stipulation

.

On August 13 , 2015 , the parties filed a Stipulation of Fact Concerning Attorneys’

Fees and Costs. According to the stipulation, the parties agree upon a n award of

$1 2,000 .00 in attorneys’ fees and costs

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post this decision on the United States Court of Federal Claims' website, in accordance with the E

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

- 347, § 20 5, 116 Stat. 2899, 2913 (codified as amended at 44

U.S.C. § 3501 note (2006)) . In accordance with Vaccine Rule 18(b), petitioner s ha ve 14 day s to identify

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

invasion of privacy. If, upon review, I agree that the identified material fits withi n this definition, I 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 subpara graph 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). I find the proposed amount to be reasonable.

Accordingly , I award the total of $1 2,000.00 3 as a lump sum in the form of a

check jointly payable to petitioner and petitioner’s counsel John R. Howie, Jr

.

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

IT IS SO ORDERED.

s/ Denise K. Vowell

Denise K. Vowell

Chief Special Master

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

char ges by the attorn ey 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 Entry of judgment can be ex pedited by each party’s filing of a notice renouncing the right to seek review.

See Vaccine Rule 11(a).

2