# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0037V Filed: November 23, 2015

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA LYNNE SPILMAN, *

* Petitioner, *

v. * * Attorneys’ Fees and Costs; Stipulation; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On January 12, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 [the “Vaccine Act”]. Petitioner alleged that she sustained shoulder injuries, including rotator cuff tear, tendinosis, and fluid co llection as a result of a tetanus vaccine she received on April 6, 2015. Petition at 1, 3. On November 16, 2015, the undersigned issued a decision awarding compensat ion to petitioner based on respondent’s Proffer.

On November 20, 2015, the parties fil ed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. According to t he stipulation, the parties stipulate to an award of $14,000.00. In accordance with General Order #9, petitioner’s counsel represents that petit ioner incurred no out-of-pocket expenses.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-3 47, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 The Vaccine Act permits an award of r easonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Bas ed on the reasonableness of petitioner’s request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorne ys’ fees and costs.

Accordingly, the undersigned awards the total of $14,000.00, 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Paul R. Brazil, of the law firm Muller Brazil, LLP.

The clerk of the court shall ent er judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 This amount is intended to cover all legal expenses in curred in this matter. This award encompasses all charges by the attorney against a client, “advanced co sts” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an a ttorney from 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 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.