# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0530V

Filed: November 17, 2015

Unpublished

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

MARYANN STORY

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs; Stipulation

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Andrew Downing, Van Cott & Talamante, PLLC , Phoenix, AZ

, for petitioner.

Sarah Duncan , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On May 26, 2015

, p etitioner filed a petition for compensation under the National

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

- 10, et seq

. , 2 ( the “Vaccine

Act” )

. Petitioner alleged that she suffered an injury to her right shoulder as a result of

an influenza vaccine administered on November 20, 2014. On November 13, 2015

, the

undersigned issued a decision awarding compensation to petitioner based on

respondent’s proffer

.

On November 17, 2015 , the parties filed a Stipulation of Fact Concerning

Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to a n

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 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), petitioner has 14 days to

identify and move to redact medical or other information, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, the undersigned agrees that th e 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 Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).award of $ 14,750.00

. In 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). Based on the reasonableness of petitioner’s request and the

lack of any objection by respondent, the unde rsigned GRANTS the request for approval

and payment of attorneys’ fees and costs.

Accordingly , the undersigned award s the total of $ 14,750.00 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/Nora Beth Dorsey

Nora Beth Dorsey

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 awa rded 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 can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.