# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JACQUELINE BRAND, *

* No. 12

- 549V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: September 9, 2013

*

SECRETARY OF HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which respondent

* does not object

Respondent. *

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

Ronald C. Homer

, Conway, Homer & Chin

- Caplan, Boston, MA , for Petitioner;

Lisa A. Watts , U.S. Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On August 22, 2013, Ms. Brand filed an application for attorneys’ fees and costs

(“Application”) in the above

- captioned matter. On September 4, 2013, respondent filed a status

report stating that she has no objection to petitioner’s requested attorney s ’ fees and costs in the

amount of $25,962.42. The Court awards this amount.

On A ugust 30, 2012

, Jacqueline Brand filed a petition seeking compensation under the

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

- 1 et seq., alleging that the

influenza vaccination she received on September 3, 2009 caused her to suffer an i njection

- related

shoulder injury

. On December 4, 2012

, petitioner was found to be entitled to compensation

under the Vaccine Act. Unpublished Decision Awarding Damages , filed May 24, 2013

. Because

petitioner received compensation, she is entitled to an award of attorneys’ fees and costs.

42 U.S.C. § 300aa

- 15(e).

Ms. Brand seeks a total of $ 25,962.42 in attorneys’ fees and costs for h er counsel.

Additionally, in compliance with General O rder No. 9, Ms. Brand states that she incurred a total

of $ 350.00 in out

- of

- pocket litigation expenses while pursuing this claim. Respondent has no

objection to the amount requested for attorneys’ fees and costs.

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medi cal information or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.After reviewing the request, the Court awards the following:

A. A lump sum of $ 25,612.42 in the form of a check made payable to petitioner and

petitioner’s attorney, Ronald C. Homer , for attorneys’ fees and other litigation

costs available under 42 U.S.C. § 300aa

- 15(e).

B. A lump sum of $ 35 0.00 in the form of a check made payable to petitioner,

Jacqueline Brand , for petitioner’s out

- of

- pocket litigation expenses.

The Court thanks the parties for their cooperative efforts in resolving this matter. The

Clerk shall enter judgment accordingly. 2

Any questions may be directed to my law clerk, Mary Holmes , at (202) 357

- 6353.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.