# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 0 9

- 107 V

July 3 , 201 3

Not for Publi cation

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

MICHELLE BROUSSARD

- PACOT

, as next *

f riend of COLE PACOT, a minor, *

*

Petitioner, * Attorneys’ Fees & Costs Decision

* Based on Stipulation of Fact

v. *

*

SECRETARY OF HEALTH *

A ND HUMAN SERVICES, *

*

Respondent. *

*

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

Brian R. Arnold

, Dallas, TX , for petitioner.

Chrysovalantis P. Kefalas , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING A TTORNEYS ’ FEES AND COSTS 1

On Ju ly 2 , 2013, the parties filed a Stipulation of Fact Concerning Final Attorneys’ Fees

and Costs in which they agreed on an appropriate amount for attorneys’ fees and costs in this case.

In accordance with General Order #9, petitioner ’s counsel asserts that p etitioner did not

incur any costs in pursuit of her petition.

On May 3, 2013, petitioner filed a Motion and Request for Attorneys’ Fees and Costs,

requesting $75,986.77 in attorneys’ fees and costs. In informal discussions, respondent raised

1 Because this unpublished decision contains a reasoned explanation for t he special master’s action in this case, the

special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in

accordance with the E

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

- 347, 116 Stat. 2899, 2913 (Dec. 1 7, 2002). V accine

Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade

secrets or commercial or financial information that is privileged and confidential, or medical or similar informat ion

whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed,

petitioner has 14 days to identify and move to redact such information prior to the document = s disclosure. If the

special master, upon review, agrees that the identified material fits within the banned categories listed above, the

special master shall redact such material from public access. Case 1:09-vv-00107-UNJ Document 58 Filed 07/03/13 Page 1 of 22 certain ob jections to petitioner’s Motion and Request for Attorneys’ Fees and Costs. As a result,

petitioner has amended her application to request $70,923.77 in attorneys’ fees and costs.

Respondent does not object to this amount. The undersigned finds this amou nt to be reasonable.

Accordingly, the court awards $ 70,923.77 , representing reimbursement for attorneys’ fees and

costs. The award shall be in the form of a check made payable jointly to petitioner and Brian R.

Arnold & Associates in the amount of $ 70,92 3.77

.

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

court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: July 3 , 2013 s/Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or jointly,

filing a notice renouncing the right to seek review. Case 1:09-vv-00107-UNJ Document 58 Filed 07/03/13 Page 2 of 2