# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 886 V

Filed: November 24 , 2015

Unpublished

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

CHRISTINE REDLINGER

, *

*

Petitioner, *

v. *

* Attorney Fees and Costs; Stipulation

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

*

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

Paul Brazil, Muller Brazil, LL P, Philadelphia, PA

, for petitioner.

Christine Becer

, U

. S

. Department of Justice, Washington, DC, for responden t.

D ECISION ON ATTORNEY FEES AND COSTS 1

Dorsey

, Chief Special Master:

O n August 17, 2015

, petitioner 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 a shoulder injury

related to vaccine administration (“SIRVA”) resulting from the influenza vaccination she

received on October 9, 2014. Petit ion at 1. On November 19 , 2015

, the undersigned

issued a decision awarding compensation to petitioner based on respondent’s proffer to

which petitioner agreed. See Proffer at 1.

On November 24 , 2015 , the parties filed a Stipulation of Fact s Regarding Final

Attorneys’ Fees and Costs. T he parties stipulate to a n award of $ 13 ,9 63 .9 0 in

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 Chil dhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for

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

300aa (2012 ).2

attorneys’ fees and costs

. In accordance with General Order #9, petitioner’s counsel

represents that petitioner incurred no out

- of

- pocket expenses. Stipulation, ¶ 4

.

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

U.S.C. § 300 aa

- 15(e). The under s i gned find s the proposed amount to be reasonable.

Accordingly , I award the total $ 13 ,9 6 3

. 9 0 3 as a lump sum in the form of a

check jointly payable to petitioner and petitioner’s counsel Paul Brazil

.

T he clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/ Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

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

charges by the attorney 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 f rom charging or collecting fees (including

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

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

4 Entry of judgment can be expedited by each party’s filing of a notice renouncing t he right to seek review.

See Vaccine Rule 11(a).