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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1172 V

Filed: D ecember 4 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

C INDY SCHEITER, *

* Special Master Gowen

Petitioner

, *

* Stipulation;

v. * Attorneys’ Fees and Costs

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

J effrey S. Pop

, J effrey S. Pop & Associates

, B everly Hills

, CA

, for petitioner

. Lara A. Englund

, United States Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On December 5, 2014

, Cindy Scheiter (“petitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012).

Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccine on December 8, 2011,

she developed Guillain

- Barr é Syndrome

. Petition at ¶ 6

. Further, petitioner alleged that she

experienced residual effects of the injury for more than six months. Amended Petition at ¶ 20

. A Decision was issued on D e cember 4 , 2015, awarding compensation pursuant to the parties’

sti pulation filed that same day.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the

undersigned intends to post this ruling 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, § 205, 116 Stat. 2899, 2913 (codified

as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days

within which to request redaction “of any information furnished by that party: (1) that is a tra de secret or

commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or

similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine

Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in 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

1 to

- 34 (2012) (Vaccine Act or the Act). All citati ons in this decision to individual sections of the Vaccine

Act are to 42 U.S.C.A. § 300aa.2

On D ecember 4, 2015, the parties filed a Stipulation of F act concerning attorneys’ fees

and costs

. Petitioner requests a total award of final attorne ys’ fees and costs of $ 14, 250.00 be

issued. Stip. of Fact ¶ 5. Pursuant to General Order #9, petitioner’s counsel also represented that

petitioner incurred n o reimbursable out

- of

- pocket expenses in this matter. Id. at ¶ 4. The

parties’ stipulation indicates that respondent does not object to the amended amount of

$ 1 4,250.00 in attorneys’ fees and costs that petitioner is requesting

.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 4 2 U.S.C. § 300

aa

- 15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS the

request for approval and payment of attorneys’ fees and costs.

Accordingly, I hereby award :

(1) A lump sum of $14,250 .00 in the form of a check payable jointly to petitioner and

petitioner’s counsel of record, J effrey S. Pop , for petitioner ’ s attorneys’ fees and

costs

.

T he clerk of the cour t shall enter judgment in accordance herewith

. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice

renouncing the right to seek review.