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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 03

- 468 V

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( Not to be Published )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’

n atural guardians of DJB , a minor, * Fees and Costs

*

Petitioner s

, *

*

v. *

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES *

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Respondent. *

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DECISION AWARDING INTERIM ATTORNEY S’ FEES AND COSTS

HASTINGS, Special Master

.

On February 27, 2003 , P etitioner s filed a Petition f or Vaccine Compensation in the

National Vaccine Injury Compensation Program (“the Program”), 1 alleging 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. Re spondent doe s not obj ect 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 re quested interim fees. However, that footnote also states that respondent elects not to raise that

statutory objection at this time.2

States Court of Appeals for the Federal Circuit. Avera v. HHS , 515 F.3d. 1343; S haw 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.”). S ee also Vaccine Rule 13(b).

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

petition was brought in good faith and upon a reasonable basis

, and the amount s 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 Petitioner s

and P etit i oners’ 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 cou rt 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).