# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0295 V

Filed: February 1, 2016

U npublished

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

ANN WYBORSKI

, *

*

Petitioner, *

v. *

* Attorney s’ 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 ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On March 23, 2015

, p etitioner 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”). O n December 3, 2015

, the undersigned issued a decision awarding

compensation to petitioner based on respondent ’ s proffer

.

On January 19, 2016, pet itioner 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 a n award of $30,412.75 in

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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

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 undersign ed 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 subpara graph of 42 U.S .C. §

300aa (2012 ).2 represents that she is entitled to reimbursement of $56.49 payable directly to h er 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 paymen t of attorneys’ fees and costs, and payment o f petitioner ’ s own costs.

T he undersigned awards t he total of $56.49 as a lump sum in the form of a

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

T he undersigned award s the total of $ 3 1, 5 06.61 3 as a lump sum in the form

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

attorneys ’ fees and costs

.

T he 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

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 awa rded 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.