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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 03-468V

Filed: April 17, 2015

(Not to be Published)

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*

ROBERT R. BLOCH, JR., and *

KERRY M. BLOCH, as parents and * Decision on Interim Attorneys’

natural guardians of DJB, a minor, * Fees and Costs

 *

Petitioners, *

*

v. *

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SECRETARY OF HEALTH AND *

HUMAN SERVICES *

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Respondent. *

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DECISION AWARDING INTERIM ATTORNEYS’ FEES AND COSTS

HASTINGS, Special Master. 

On February 27, 2003, Petitioners filed a Petition for Vaccine Compensation in the 

National Vaccine Injury Compensation Program (“the Program”),1alleging that DJB was injured 

by a vaccine or vaccines listed on the Vaccine Injury Table. See § 14. On April 16, 2015, the 

parties filed a joint stipulation concerning interim attorney’s fees and costs incurred in this 

matter. The parties’ stipulation requests a total payment of $32,500.00, representing attorneys’ 

fees and costs. Respondent does not object to an award of this amount.2

I find that an award of interim attorneys’ fees and costs is appropriate in this case. 

Interim attorneys’ fees and costs are explicitly authorized by the binding precedent of the United 

 

1 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 

Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, 

individual section references will be to 42 U.S.C. § 300aa of the Act.

2 The parties’ stipulation includes a footnote indicating that respondent maintains that the Vaccine Act does not 

authorize the requested interim fees. However, that footnote also states that respondent elects not to raise that 

statutory objection at this time. 
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States Court of Appeals for the Federal Circuit. Avera v. HHS, 515 F.3d. 1343; Shaw v. HHS, 

609 F.3d 1372, 1374 (Fed. Cir. 2010) (“the Vaccine Act permits [an] award of interim fees and 

costs”); Cloer v. HHS, 675 F.3d 1358, 1361-62 (Fed. Cir. 2012) (“Congress made clear that 

denying interim attorneys’ fees under the Vaccine Act is contrary to an underlying purpose of the 

Vaccine Act.”). See also Vaccine Rule 13(b). 

The request for interim attorneys’ fees and costs is hereby granted. I find that the 

petition was brought in good faith and upon a reasonable basis, and the amounts requested are

reasonable and appropriate. Accordingly, I hereby award the following attorneys’ fees and costs 

pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1): 

• a lump sum of $32,500.00, in the form of a check payable jointly to Petitioners 

 and Petitioners’ counsel, Robert J. Krakow, on account of services performed 

by counsel’s law firm. 

In the absence of a timely-filed motion for review filed pursuant to Appendix B of the 

Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in 

accordance herewith.3

IT IS SO ORDERED.

/s/ George L. Hastings, Jr.

 George L. Hastings, Jr.

 Special Master

 

3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See 

Vaccine Rule 11(a).