# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 863 V

Filed: September 4 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

JORDIA NUNEZ and JOHN DIAZ, as legal *

representatives of J.J.D., an infant, deceased, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Decision on Interim Attorneys’ Fees

v. * and Costs; Reasonable Amount

* Requested to Which Respondent

SECRETARY OF HEALTH * Does Not Object.

AND HUMAN SERVICES, *

*

Respondent. *

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

Mindy Michaels Roth

, Britcher, Leone & Roth, LLC, Glen Rock, NJ

, for P etitioner s

. Adriana Teitel

, United States Department of Justice, Washington , D C , for R espondent.

DECISION 1

On September 17, 2014

, Jordia Nunez and John Diaz (“ P etitioner s ”) filed a petition on

behalf their deceased minor chil d , J.J.D.

, pursuant to the National Vaccine Injury Compensation

Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner s alleged that J.J.D. died as a result of

the a dministration of Hepatitis B, Rotavirus, DTaP, HiB, IPV, and Pneumococcal vacc ines on

November 14, 2012

.

On September 4 , 2015 , the parties filed a stipulation of fact stating that they had agreed

1 Because this decision contains a reasoned explanation for the undersigned’ s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims , 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)). As provided by

Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any

information furnished by that party: (1) that is a trade secret or commercial or financial in

substance and is privileged or conf idential; or (2) that includes medical files or similar files, the

disclosure of which would constitute a clearly unwarranted invasion o f privacy.” Vaccine Rule

18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

1on a reasonable amount of attorneys’ fees and costs to have been incurred by P etitioner s ’ counsel

to date. Respondent maintains her objection to any award of interim attorneys’ fees and costs.

Nevertheless, the parties agree to the reasonableness of the revised total of interim attorneys’

fees and costs as set forth in paragraphs 3 and 4 of the joint s tipulation

.

The undersigned find s that P etitioner s are entitled to an award of interim attorney’s fees

and costs under the unique facts and circumstances of this case. See Butler v. Sec’y, HHS , No.

02

- 1051, 2012 WL 4458203 (Fed. Cl. Spec. Mstr. June 25, 2012) (awarding interim attorneys’

fees and costs over respondent’s objection); Shaw v. Sec’y, HHS , 609 F.3d 1372, 1375 (Fed. Cr.

2010) (holding that “[w]here the claimant establishes that the cost of litigation has imposed an

undue hardship and that ther e exists a good faith basis for the claim, it is proper for the special

master to award interim attorneys’ fees”). The undersigned finds that p aragraphs 3 and 4 of the

stipulation are reasonable and adopts them as the decision of the Court in awarding interim fees

and costs, on the terms set forth therein.

Accordingly, the undersigned hereby awards the total of $ 1 2 ,000 .00 issued in the

form of a check payable jointly to P etitioner s and P etiti oner s ’ attorney, Mindy Michaels

Roth , for interim attorneys’ fees and costs.

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.

2