# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 983 V

Filed: February 13, 2015

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

VIRGINIA SHIVES

, *

*

Petitioner, *

v. *

* Attorney Fees and Costs; Stipulation

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

*

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

Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.

Claudia Gangi, US Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

On October 14 , 2014

, Virginia Shives 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”]. Peti tioner alleged that s he suffered left shoulder and arm

pain caused

- in

- fact by the influenza vaccine she received on September 20 , 2013

. Petit ion at 1

- 2, 7

. On January 27, 2015 , I issued a decision awarding compensation to

petitioner based on respondent ’ s proffer to which petitioner agreed.

On Febr uary 1 2 , 2015 , the parties filed a Stipulation of Fact Concerning

Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a total

award of attorneys’ fees and co sts to petitioner in the amount of $1 4, 413.14

. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 Court of Federal Claims' website, in accordance with the E

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

- 347, § 20 5, 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 unwarran ted

invasion of privacy. If, upon review, I agree that the identified material fits withi n this definition, I 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 Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).2

accordance with General Order #9, petitioner’s counsel represents that petitioner

incurred no out

- of

- pocket expenses.

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

U.S.C. § 300 aa

- 15(e). I find the proposed amount to be reasonable.

Accordingly , I award the total $ 1 4

, 413.14 3 as a lump sum in the form of a

check jointly payable to petitioner and petitioner’s counsel Andrew D. Downing

.

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

char ges 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 generally Beck v. Sec’y, HHS , 924

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

4 Entry of judgment can be ex pedited by each party’s filing of a notice renouncing the right to seek review.

See Vaccine Rule 11(a).