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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: October 16, 2014

* * * * * * * * * * * * * * UNPUBLISHED DESIREE ROBERTS, * No. 13-669V

* Petitioner, * * Special Master Dorsey

v. * * Attorney’s Fees and Costs;

SECRETARY OF HEALTH * Reas onable Amount Requested to which AND HUMAN SERVICES, * Responde nt Does not Object.

* Respondent. *

*

* * * * * * * * * * * * * Jeffrey S. Pop, Beverly Hills, CA, for petitioner. Lindsay Corliss, U.S. Department of Justice, Washington, DC, for respondent.

ATTORNEY’S FEES AND COSTS DECISION 1

On September 11, 2013, Desiree Roberts (“petit ioner”) filed a peti tion pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that she suffered “severe anap hylactic responses and chronic cross reactive allergic reactions to non-vaccine related antigenic stimuli” th at was caused or substantially aggravated by an MMR vaccine admini stered to her on September 22, 2010. See Petition at 1-2. On September 8, 2014, a decision was entered ba sed on the parties’ stipulation awarding compensation to petitioner.

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post this decision 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, 116 Stat. 2899, 2913 (Dec. 17, 2002). 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 priv ileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire d ecision will be available to the public. Id.

2 The National Vaccine Injury Compensation Progr am is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 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.2 On October 16, 2014, the parties filed a Stipulat ion of Facts Concerni ng Final Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a tota l award to petitioner of attorney’s fees and costs in the amount of $22,636.66. In accordance with General Order #9, petitioner’s counsel represents that petitioner did not personall y advance any reimbursable costs in pursuit of his claim.

The Vaccine Act permits an award of reasonabl e attorney’s fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of the parties’ stipul ation, the undersigned GRANTS the request for approval and payment of attorney’s fees and costs.

Accordingly, an award should be made as follows:

in the form of a check jointly payable to peti tioner and to petitioner’s attorney, Jeffrey S. Pop, in the amount of $22,636.66

.

In the absence of a motion for review file d 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/Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgme nt is expedited by the parties’ joint filing of notice renouncing the ri ght to seek review.