In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-0295V

Filed: February 1, 2016

Unpublished

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ANN WYBORSKI, *

*

Petitioner, *

v. *

* Attorneys’ Fees and Costs; Stipulation

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

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Renee Gentry, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.

Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

On March 23, 2015, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 [the 

“Vaccine Act”]. Petitioner alleged that as a result of an Influenza (“flu”) vaccination on 

September 13, 2013, she suffered a shoulder injury related to vaccine administration 

(“SIRVA”). On December 3, 2015, the undersigned issued a decision awarding 

compensation to petitioner based on respondent’s proffer.

On January 19, 2016, petitioner filed a motion for attorneys’ fees and costs. On 

February 1, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and 

Costs. According to the stipulation, the parties stipulate to an award of $30,412.75 in 

attorneys’ fees and $1,093.86 in costs. In accordance with General Order #9, petitioner 

 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

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

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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 (2012).
2

represents that she is entitled to reimbursement of $56.49 payable directly to her for 

costs incurred in this matter.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 

U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the 

lack of any objection by respondent, the undersigned GRANTS the request for approval 

and payment of attorneys’ fees and costs, and payment of petitioner’s own costs.

The undersigned awards the total of $56.49 as a lump sum in the form of a 

check payable to petitioner for her own costs incurred in this matter.

The undersigned awards the total of $31,506.613 as a lump sum in the form 

of a check jointly payable to petitioner and petitioner’s counsel Renee Gentry for 

attorneys’ fees and costs.

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

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

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

charges 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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.