# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JESSIE CONTRERAS

, *

* No. 05

- 626V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: August 1 7

, 2015

*

SECRETARY OF HEALTH * Attorneys’ fees and costs; interim

AND HUMAN SERVICES, * award; amount to which respondent

* does not object.

Respondent. *

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

Jeffrey S. Pop

, Beverly Hills, CA

, for petitioner;

Linda S. Renzi

, United States Dep’t of Justice, Washington, DC, for respondent.

UNPUBLISHED DECISION ON INTERIM ATTORNEYS’ FEES AND COSTS 1

Mr. Jessie Contreras sought compensation through the National Childhood

Vaccine Injury Compensa tion Program, codified at 42 U.S.C. § 300aa

— 10 through

34 (2006) , claiming the vaccinations he received, particularly the hepatitis B

vaccine, caused his neurologic problems . After extensive proceedings, including a lengthy attempt at alternative dispute resolution and six substitutive rulings, the

judgment of the Court of Federal C laims was that Mr. Contreras is not entitled to

an award of compensation. 2 Mr. Contreras has appealed this judgment to the

Federal Circuit. No. 15

- 5097 (Fed. Cir. June 19, 2015).

1 The E

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

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medical i nformation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.

2 An April 5, 2012 Entitlement Decision denied compensation because Mr. Contreras did

not meet his burden of proof regarding the appropriate interval between vaccination and the

onset of the transverse myelitis. 2012 WL 1441315 (“ Contreras 1 ”). The United States Court of

Federal Claims (“the Court”) vacated this decision and remanded with instructions. 107 Fed. Cl.2

While the case was pending, t he undersigned previously awarded Mr.

Contreras interim attorney s ’ expert costs. Decision , issued May 3, 2013. The

present decision concerns Mr. Contreras’s attorneys’ fees. Mr. Contreras seeks an

award for work his attorney, Jeffrey S. Popp, performed through May 27, 2015.

On July 29, 2015

, respondent filed a stipulation of fact concerning interim

attorneys’ fees and costs in the above

- captioned matter. Previously, petit ioner

informally submitted a draft application for interim attorneys’ fees and costs to

respondent for review. Upon review of petitioner’s application, respondent raised

objections to certain items. Based on subsequent discussions, petitioner amend ed

his application to request $333,550.00 , an amount to which respondent does not

object. The Court awards this amount.

Regardless of whether they entitled to compensation, petitioners who bring

their petition in good faith and who have a reasonable basis for the petition may be

awarded attorneys’ fees and costs. See 42 U.S.C. § 300aa

– 15(e)(1). Respondent

does not contend that Mr. Contreras fails to satisfy this standard. Thus, Mr.

Contreras is entitled to an award of attorneys’ fees and costs.

After a determination that Mr. Contreras is entitled to an award of interim

attorneys’ fees and costs, the next question is to decide the reasonable amount. A

review of the mate rials offered in support of petitioner’s draft application for

interim attorne ys’ fees and costs indicates that the (reduced) requested amount is

reasonable. Therefore, Mr. Contreras is awarded the amount to which respondent

did not object.

There is no just reason to delay the entry of judgment on interim attorneys’

fees and co sts. Therefore, in the absence of a motion for review filed under RCFC

Appendix B, the clerk of court shall enter judgment in petitioner’s favor. Those

fees and costs are awarded as follows:

280 (2012) (“ Contreras 2 ”). A November 19, 2013 Remand Decision again denied

compensation. 2013 WL 6698382 (“ Contreras 3 ”). The Court also vacated the Remand

Decision and remanded the case again . 116 Fed. Cl. 472 (2014) (“ Contreras 4 ”). On the second

remand, the undersigned again found that Mr. Contreras did not meet his burden of proof for

entitlement to an award. 2014 WL 8098606 (Fed. Cl. Spec. Mstr. Oct. 24, 2014) (“ Contreras 5 ”).

Mr. Contreras again filed a motion for review of the special master’s decision, and the Court

denied the motion for review. 121 Fed. Cl. 230 (2015) (“ Contreras 6 ”).3

A lump sum payment of $333,550.00 , in the form of a check paya ble to

petitioner and petitioner’s counsel of record, Jeffrey S. Pop

.

The Clerk shall enter judgment accordingly. 3 The court thanks the parties

for their cooperative efforts in resolving this matter.

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgm ent by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.