# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 141 V

Filed: September 2 , 2015

Unpublished

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

BRIDGETTE WILEY

, *

*

Petitioner, *

v. *

* Attorney Fees and Costs; Stipulation

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

*

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

Jeffrey S. Pop, Esq.

, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.

Christine M. Becer

, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Special Master:

O n February 11 , 2015, Bridgette Wiley filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” or “Program”]. Petitioner alleges that she suffered an adverse reaction to

the influenza vaccine she received on November 21, 2012 resulting in severe pain and

several surgeries. Petition, ¶¶ 4, 39. On Ju ly 23 , 2015 , I issued a decision awarding

compensation to petitioner based on the respondent ’ s proffer

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post this decision on the United States Co urt of Federal Claims' website, in accordance with the E

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

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44

U.S.C. § 3501 note (2006)) . In accordance with Vaccine Rule 18(b), petitioner s ha ve 14 day s to identify

and move to redact medical or other information, the disclosure of which would constitute an unwarranted

invasion of privacy. If, upon review, I agree that the identified material fits withi n this definition, I will

redact such material from publ ic access.

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

- 660, 100 St at. 3755. Hereinafter, for

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).2

On September 2 , 2015, the parties filed a Stipulation of Fact s Regarding Final

Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a n

award of $ 1 3, 330.19 for attorney’s fees and costs

. In accordance with General Order

#9, petitioner’s counsel represents that petitioner incurred no out

- of

- pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42

U.S.C. § 300 aa

- 15(e). I find the proposed amount to be reasonable.

Accordingly , I award the total $13,330.19 3 as a lump sum in the form of a

check jointly payable to petitioner and petitioner’s counsel Jeffrey S. Pop

.

IT IS SO ORDERED.

s/ Denise K. Vowell

Denise K. Vowell

Special Master

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all

char ges by the atto rney against a client, “advanced costs” as well as fees for legal services rendered.

Furthermore, 42 U.S.C. § 300aa

- 15(e)(3) prevents an attorney from charging or collecting fees (including

costs) that would be in addition to the amount awarded herein. S ee generally Beck v. Sec’y, HHS , 924

F.2d 1029 (Fed. Cir.1991).