# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 530 V

(Filed: November 12, 2014 )

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

LESLIE HORNICK

, * UNPUBLISHED

*

Petitioner, * Special Master Hamilton

- Fieldman

*

v. *

* Decision on Attorneys ’ Fees and

SECRETARY OF HEALTH * Costs; Reasonable Amount

AND HUMAN SERVICES, * Requested to Which Respondent

* Does Not Object.

Respondent. *

*

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

Maximillian Muller , Muller Brazil, LLP, Philadelphia, PA, for Petitioner.

Alexis Babcock , United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1

On June 20, 2014, Leslie Hornick (“Petitioner”) filed a petition for compensation under

the Natio nal Vaccine Injury Compensation Program (“the Program”)

. 2 Petitioner alleged that an

influenza (“flu”) vaccination she received on October 10, 2013 caused her to suffer from a

shoulder injury related to vaccine administration (“SIRVA”). On October 29, 20 14, the

undersigned issued a r uling in favor of entitlement

, and on November 5, 2014, the undersigned

issued a decision awarding damages.

On November 12 , 2014, the parties filed a Stipulation of Facts Regarding Final

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 r edaction “of any

information furnished by that party: (1) that is a trade 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 cle arly unwarranted invasion of privacy.” Vaccine Rule

18(b).

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. §§ 300aa

- 10 et seq

. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual

section referen ces will be to 42 U.S.C. § 300aa of the Act.Attorneys’ Fees and Cost s. I n the stipulation, the parties stipulate to an award of Attorneys ’ Fees

and Costs in the amount of $13,800.00. In compliance with General Order #9, Petitioner ’ s

counsel represents that Petitioner has incu rred no out

- of

- pocket expenses in pursuit of her claim.

The undersigned finds that this petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to

42 U.S.C. § 300aa

- 15(b) and (e)(1). Further, the proposed am ount seem s reasonable and

appropriate. Accordingly, the undersigned hereby awards the amount of $ 13,800.00 , in the

form of a check made payable jointly to Petitioner and Petitioner’s couns el, Maximillian

Muller , of the law firm M uller Brazil

, LLP

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the ter ms of the parties’

stipulation. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

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.

2