# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 538 V

Filed: November 19, 2014

Not for P ublication

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D OROTHY FREEDLAND, BETTE *

KLEGON

, and AMANDA ARGUELLES, *

a s Legal Representatives of the Estate of *

NORMAN KLEGON, *

*

Petitioner s

, * Attorneys’ fees and costs decision b ased on

* s tipulation of f

act

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES

, *

*

Respondent. *

*

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John R. Howie, Jr.

, Dallas, TX , for petitioner s

. Althea W. Davis , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS ’ FEES AND COSTS 1

On November 19 , 2014 , the parties filed a stipulation of fact in which they agreed on an

appropriate amount for attorneys’ fees and costs in this case

.

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and

move to redact such information prior to the document = s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

redact such material from public access.2

Petitioner s submitted their request for attorneys’ fees and costs to respondent. During

informal discussions, respondent ra ised objectio ns t o certain items in petitioner s ’ application

. Based on these objections, petitioner s amend their application for attor ne ys’ fees and costs to

$ 2 5,234.70, consisting of $ 19,8 6 4.00 for attorneys ’ fees, $3,361.70 for attorneys ’ costs, $1,00 4.50

for costs incurred by Dor othy Freedland, and $1,004.50 for costs incurred by Bette Klegon

. Respondent does not object to this amount. The undersigned finds this amount to be reasonable.

Accordingly, the court awards :

a. $ 23 ,225.70 , representing reimbursement for attorneys’ fees and costs. The award

shall be in the form of a chec k payable jointly to petitioner s and H owie Law , P.C. in

the amount of $ 23 ,225.70 ;

b. $1,004.50 , representing reimbursement for petitioner Dorothy Freedland ’ s costs.

The award shall be in the form of a check payable to Dorothy Freedland in the

amount of $1,004.50 ; and

c. $1,004.50 , representing reimbursement for petitioner Bette Klegon ’ s costs. The

award shall be in the form of a check payable to Bette Klegon in the amount of

$1,004.50

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the

court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: November 19, 2014 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek review.