# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1139 V

Filed: June 24 , 2015

Unpublished

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

LARRY THOMPSON

, *

*

Petitioner, *

v. *

* Attorney Fees and Costs; Stipulation

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

*

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

William Cochran , Esq., Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN for

petitioner.

Lara Englund

, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

On November 24 , 2014

, Larry Thompson 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”]. Petitioner alleges that he developed a “shoulder injury

related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis,

and shoulder pain resulting from adverse effects of a [tetanus, diphtheria, acellular

pertussis] TDaP vaccination administer on January 27, 2014.” Petit ion at 1

. On April

28 , 2015 , I issued a decision awarding compensation to petitioner based on

respondent ’ s proffer

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 subparagraph of 42 U.S.C. §

300aa (2006).2

On June 22 , 2015, the parties filed a Stipulation of Fact s Regarding Final

Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a n

award of $ 17,250.00 in attorneys’ fees and costs

. In accordance with General Order

#9, petitioner’s counsel repres ents that petitioner incurred no out

- of

- pocket expenses.

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 $ 17,250.00 3 as a lump sum in the form of a

check jointly payable to petitioner and petitioner’s counsel William Cochran

.

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 c over all legal expenses incurred in this matter. This award encompasses all

char ges 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 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).