# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 773 V

Filed: May 14 , 2015

Unpublished

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

GENICE JARMAN

, *

*

Petitioner, *

v. *

* Attorney Fees and Costs; Stipulation

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

*

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

Alison Has kins, Esq., Maglio Christopher and Toale, PA

, (FL) Sarasota, FL , f or

petitioner.

Lisa Watts, Esq. , US Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

On August 25, 2014

, Genice Jarman 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 alleged that s he suffered a shoulder injury to

include rotator cuff tendonitis and adhesive capsulitis resulting from the tetanus

diphtheria

- acellular pertussis [“Tdap”] vaccine she received on October 28 , 2011

. Petit ion at 1

- 2 ; Stipulation , filed Mar. 23, 2015, ¶ 4

. On March 23 , 2015 , I issued a

decision awarding compensation to petitioner based on the parties’ stipulation

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 Co urt of Federal Claims' website, 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)) . 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 unwarranted

invasion of privacy. If, upon review, I agree that the identified material fits withi n this definition, I will

redact such material from publ ic access.

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

- 660, 100 St at. 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 May 14 , 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 $26,187.23 in attorneys’ fees and costs

. In accordance with General Order

#9, petitioner’s counsel represents that petitioner incurred no out

- of

- pocket expenses. 3

The Vaccin e 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 $ 26

, 187.23 4 as a lump sum in the form of a

check jointly payable to petitioner an d petitioner’s counsel Alison Haskins

.

T he clerk of the court shall enter judgment in accordance herewith. 5

IT IS SO ORDERED.

s/ Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 Petitioner also indicates she will be filing a statement to that effect

. Because the representation by

petitioner ’ s counsel contained in the stipulation is sufficient, I am issuing this decision prior to petitioner ’ s

statement

. Petitioner still may file her statement but is not required to do so.

4 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 awarded herein. See generally Beck v. Sec ’y, HHS , 924

F.2d 1029 (Fed. Cir.1991).

5 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).