# In the United States Court of Federal Claims

O FFICE OF 

### S PECIAL 

### M ASTERS

No. 10

- 278 V

Filed: April 24, 2013

************************************* NOT TO BE PUBLISHED

JOSE F SCHREICK, *

*

* Special Master Zane

*

* Stipulation; attorneys’ fees and costs

Petitioner, *

*

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Kathleen P. Kettles

, Wingate Russotti & Shapiro, LLP

, New York , NY, for Petitioners;

Debra A. Filteau Begley , United States Dep’t of Justice, Was hington, DC, for Respondent.

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1

On April 22, 201 3 , the parties in the above

- captioned case filed a Stipulation of Facts

Concerning Attorneys’ Fees and Costs ( “ Stipulation ” ) memorializing their agreement as to the

appropriate amount of attorneys’ fees and costs in this case. Petitioner request s a total award of

$ 40,000.00 , to which Respondent does not object . Petitioner ’ s counsel represents that Petitioner

incurred no pers onal litigation costs. In accordance with 42 U.S.C. § 300aa

- 15(e), the

undersigned awards the amount to which Respondent does not object.

1 Because this decision contains a reasoned explanation for the Special Master’s action in this

case, the Special Master intends to post it 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, 113 Stat. 2899,

2913 (Dec. 17, 2002). All decisions of the Special Master will be made available to the public

u nless they contain trade secret or commercial or financial information that is privileged and

confidential, or medical or similar information whose disclosure would clearly be an

unwarranted invasion of privacy. When such a decis ion or designated substantive order is filed,

a party has 14 days to identify and to move to redact such information before the document’s

disclosure . If the Special Master, upon review of a timely motion to redact , agrees that the

identified material fit s within the banned categories listed above, the Special Master shall redact

such material from public access. 42 U.S.C. § 300aa

- 12(d)(4); Vaccine Rule 18(b).Petitioner, Jose f Schreick, allege d that he suffered from Guillain

- Barré Syndrome

(“GBS”), which was caused

- in

- fact by his receipt of the Human Papillomavirus (“HPV”) vaccine

on May 9, 2007, which vaccine is contained in the Vaccine Injury Table

. 42 C.F.R § 100.3(a).

Petitioner also represents that there have been no prior awards or settlement of a civil action for

these damages. A decision awarding compensation based upon the parties’ stipulation was

entered on September 19, 2012.

Although Respondent did not concede the claim, the parties, nonetheless, settled the

matter, and an award of compensation was made. Be cause, Petitioner ha d been awarded

compensation, Petitioner is entitled to an award of reason able attorneys’ fees and costs. 42

U.S.C. § 300aa

- 15(e). The undersigned also finds that the stipulated amount of $40,000.00

, in

attorneys’ fees and costs

, is re asonable based on the stage at which this matter was settled.

Based on the request’s reasonableness and pursuant to Vaccine Rule 13 , the undersigned

GRANTS the parties’ request as outlined in the Stipulation. The judgment shall reflect that

Petitioner s a re awarded attorneys’ fees and costs as follows:

in a check made payable jointly to Petitioner ( Josef Schreick ) and Petitioner ’ s

counsel ( Kathleen P. Kettles of the law firm Wingate Russotti & Shapiro, LLP ), the

amount of $40,000.00 , pursuant to 42 U.S.C. § 300aa

- 15(e)

.

The court thanks the parties for their cooperative efforts in resolving this matter. In the

absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to

enter judgment accordingly. 2

IT IS SO ORDERED.

s/ Daria Zane

Daria J. Zane

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing

a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

2