# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1028V Filed: March 14, 2017

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DIANE PESCHIO, *

* Petitioner, *

v. * * Attorneys’ Fees and Costs; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael Andrew London, Douglas & London, P.C., New York, NY, for petitioner. Lynn E. Ricciardella, U.S. Department of Justice, Wa shington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On September 15, 2015, Diane Peschio (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine Act”). Petitioner alleged that she suffered brachial neuritis (Parsonage Turner sy ndrome) as a result of an influenza (“flu”) vaccine she received on September 25, 2012. On July 25, 2016, the undersigned issued a decision awarding compensation to petit ioner based on the parties’ st ipulation. (ECF No. 30).

On January 30, 2017, petitioner filed an unopposed motion for attorneys’ fees and costs. (ECF No. 35). Petitioner reques ts attorneys’ fees in the amount of $10,182.50, attorneys’ costs in the amount of $736.45, for a total amount of $10,918.95.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Id. at 2. In compliance with General Order #9, on March 14, 2017, petitioner filed a signed statement indicating she incu rred no out-of-pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and cost s. § 15(e). Based on the reasonab leness of petitioner’s reques t and the lack of opposition from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and

costs.

Accordingly, the undersigned awards the total of $10,918.95 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Douglas & London, P.C.

The clerk of the court shall ent er judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced co sts” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from char ging or collecting fees (including costs) that would

be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.1991).

4 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.