# In the United States Court of Federal Claims

O FFICE OF 

### S PECIAL 

### M ASTERS

No. 1 2

- 381 V

Filed: May 8

, 2013

************************************* NOT TO BE PUBLISHED

FREDDIE GRIGSBY, *

*

* Special Master Zane

*

* Stipulation; attorneys’ fees and costs

Petitioner, *

*

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Randall G. Knutson

, Farrish Johnson Law Office

, Mankato, MN , for Petitioner;

Ryan Daniel Pyles , United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1

On May 7 , 201 3 , the parties in the above

- captioned case filed a Stipulation of Attorneys’

Fees and Costs ( “ Stipulation ” ) memorializing their agreement as to the appropriate amount of

attorneys’ fees and costs in this case. Petitioner request s a n award of $11,326.25 in attorneys’

fees and $820.68 in costs for a total of $12,146.93, to which Respondent does not object

. Petitioner ’ s counsel represents that Petitioner incurred no persona l litigation costs. In

1 Because this decision contains a reasoned explanation for the Special Master’s action in this

case, the Special Master intends to post it 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, 113 Stat . 2899,

2913 (Dec. 17, 2002). All decisions of the Special Master will be made available to the public

u nless they contain trade secret or commercial or financial information that is privileged and

confidential, or medical or similar information whose dis closure would clearly be an

unwarranted invasion of privacy. When such a decision or designated substantive order is filed,

a party has 14 days to identify and to move to redact such information before the document’s

disclosure . If the Special Master, up on review of a timely motion to redact , agrees that the

identified material fits within the categories listed above, the Special Master shall redact such

material from public access. 42 U.S.C. § 300aa

- 12(d)(4); Vaccine Rule 18(b).accordance with 42 U.S.C. § 300aa

- 15(e), the undersigned awards the amount to which

Respondent does not object.

Petitioner, Freddie G rigsby

, allege d that he suffered from neuropsychiatric impairment

and fibromyalgia as a consequence of his receipt of the Hepatitis A vaccine, which is a vaccine

contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which he received on or about

June 30, 2009. Petitioner allege d that he experienced the residual effects of this injur y for more

than six months. Petitioner also represent ed that there have been no prior awards or settlement

of a civil action for these damages. Petitioner also alleged that the residual effects of this injury

for more than six months and that he has not otherwise received compensation for such injuries.

A decision awarding compensation based upon the parties’ stipulation was entered on April 4,

2013.

Although Respondent did not concede the claim, the parties, nonetheless, settled the

matter, and an awar d of compensation was made. Because Petitioner ha s been awarded

compensation, Petitioner is entitled to an award of reason able attorneys’ fees and costs. 42

U.S.C. § 300aa

- 15(e). The undersigned also finds that the stipulated amount of $11,326.25

, in

attorneys’ fees and $820.68 in costs for a total of $12,146.93

, is reasonable based on the stage at

which this matter was settled. Based on the request’s reasonableness and pursuant to Vaccine

Rule 13 , the undersigned GRANTS the parties’ request as ou tlined in the Stipulation. The

judgment shall reflect that Petitioner is awarded attorneys’ fees and costs as follows:

in a check made payable jointly to Petitioner ( Freddie Grigsby ) and Petitioner ’ s

counsel ( Randall G. Knutson of the law firm Farrish Jo hnson Law Office, Mankato,

MN ), the amount of $12,146.93 , pursuant to 42 U.S.C. § 300aa

- 15(e)

.

The court thanks the parties for their cooperative efforts in resolving this matter. In the

absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to

enter judgment accordingly. 2

IT IS SO ORDERED.

s/ Daria Zane

Daria J. Zane

Special Master

2 Pursuant to Vaccine R ule 11(a), the parties can expedite entry of judgment by each party filing

a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

2