1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 370 V

Filed: October 1 4 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

DEBRA BUB

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

*

v. * Attorneys ’ Fees and Costs;

* Reasonable Amount Requested to

SECRETARY OF HEALTH * Which Respondent Does Not Object.

AND HUMAN SERVICES, *

*

Respondent. *

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

Clifford L. Shoemaker

, Shoemaker, Gentry & Knickelbein, Vienna, VA

, for P etitioner

. Claudia Barnes Gangi

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On April 30 , 2014

, Debra Bub (“ P etitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner alleged

that a Tetanus

- Diptheria

- acellular Pertussis (“Tdap”) vaccination administered on August 25,

2013 caused her to develop an allergic reaction that damaged her immune system

. On July 3,

2015, the undersigned issued a decision awarding compensation to Petitioner.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling 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, § 205, 116

Stat. 2899, 2913 (codified as amende d at 44 U.S.C. § 3501 note (20 06 )). As provided by

Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any

information furn ished by that party: (1) that is a trade secret or commercial or financial in

substance and is privileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would constitute a clearly unwarranted invasion o f priv acy.” Vaccine Rule

18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

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

- 660, 100 Stat. 3755, codified as amended,

4 2 U.S.C. §§ 300aa

- 1 to

- 34 (20 12 ) (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 O ctober 13 , 2015 , the parties filed a Stipulation of Facts Concerning Attorneys’ Fees

and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $ 19,527.42 in

attorneys’ fees and costs. In accordance with General Order Number 9, the parties represent that

Petitioner has n ot incurred any out

- of

- pocket litigation costs in pursui t of h er claim.

The undersigned finds that this petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to

42 U.S.C. § 300aa

- 15(b ) and (e)(1). Further, the proposed amount seems reasonable and

appropriate. Accordingly, the undersigned hereby awards the amount of $ 19,527.42 , in the

form of a check made payable jointly to Petitioner and Petitioner’s counsel, Clifford J.

Shoemaker, of the law firm of Shoemaker, Gentry, & Knickelbein

.

In the absence of a motion for review filed 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/ Lisa Hamilton

- Fieldman

Lisa Hamil ton

- Fieldman

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.