### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 99

- 211V

Filed: March 2 8 , 2014

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

Mohamed Babekir Ahmed, by his parents *

and natural guardians, BABEKIR AHMED *

and NAHLA HASSAN, *

Petitioner s

, * Stipulation; Attorney Fees and Costs

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

Respondent. *

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

Clifford Shoemaker, Esq. , Shoemaker, Gentry & Knickelbein, Vienna, VA for petitioners.

Linda Renzi, Esq. , US Department of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

In this case under the National Vaccine Injury Compensation Program, 2 I issued

a decision dismissing this petition on August 6, 2013

. On March 13, 2014 , petitioner s

filed a motion for attorney fees and costs. On March 27, 2014, the parties filed a

stipul ation for attorney fees and costs. The stipulation indicates that after informal

discussions, petitioners have amended their fees request to an amount that respondent

does not object. Additionally, pursuant to General Order #9, the stipulation sets forth

petitioners’ personal litigation costs.

I find 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 amount seems

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 Court 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), a party has 14 days to identify and

move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa

- 12(d)(4) (B).

Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted

decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I

will delete such material from p ublic access.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa

- 10 et seq

. (2006).2

reasonable and appropriate. Accordingly, I hereby award the total $ 75,777.35 3 as

follows:

 a lump sum of $ 75,627.00 in the form of a check payable jointly to

petitioner s (Babekir Ahmed and Nahl a Hassan) and petitioner s ’

counsel of record (Clifford Shoemaker) for petitioners ’ attorney fees

and costs , and

 a lump sum of $ 150.35 in the form of a check payable to petitioner s

, Babekir Ahmed and Nahla Hassan , for t he i r personal litigation costs.

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

IT IS SO ORDERED.

/s Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 This amount is intended 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 from charging or collecting fees (including

costs) that would be in addition to the amount awarded herein. See g enerally 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 the right to seek review.

See Vaccine Rule 11(a).