### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 11

- 463

Originally Filed: March 20 , 2013

Re

- issued: April 18, 2013 1

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

PRESTON NIGEL SANKER

, by *

LESLIE SANKER, his mother and *

next friend, *

Petitioner, * Stipulation; DTaP ; Hib; IPV; Rota r ix;

v. * Encephalopathy; Attorney Fees and Costs

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

Respondent. *

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

DECISION ON JOINT STIPULATION 2

Vowell , Special Master:

On July 18, 2011 , Leslie Sanker [“petitioner”] filed a petition , on behalf of the
Estate of Preston Nigel Sanker, for compensation under the National Vaccine Injury

Compensation Program

. 3 Petitioner alleges Preston suffered an encephalopathy and

died as a result of the vaccinations he received on July 15, 2009. 4 Stipulation at ¶¶ 2, 4.

Respondent denies that Prest on’s vaccinations caused him any injury and denies that

his death is a result of vaccine

- related injury. Stipulation at ¶ 6. Nevertheless, the

parties have agreed to settle the case.

1 P ursuant to a request by petitioner ’ s counsel

, Ms. Elaine Sharp, m y March 20, 2013 decision was vacated on April 18, 2013

. Ms. Sharp inadvertently did not include all of her fees and costs i n her motion

for fees and costs, and thus they wer e not included on the stipulation of facts concerning attorney fees

and costs filed by the parties on February 5, 2013 or awarded in my March 20, 2013 decision

.

2 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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

move to delete medical or other information, the disclosure of which would constitute an unwarrante d

invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will

delete such material from public access.

3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, fo r ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2006).

4 Preston received four vaccines on July 15, 2009: diphtheria

- tetanus

- acellular pertussis [“DTaP”],

haemophilus influenzae type B [ “ Hib ”] , inactivated polio [“ IPV ”] , and Rota r ix vaccine

. See Stipulation, filed

March 20, 2013, at ¶ 1.2

T he parties filed a joint stipulation on Marc h 20, 2013, agreeing to settle this case

and describing the settlement terms

. Respondent agrees to pay petitioner a lump sum

payment of $2 0 0,000.00 in the form of a check payable to petitioner

, as legal
representative of the Estate of Preston Nigel Sanker. The payment r epresent s compensation for all damages that would be available under § 15(a). The special

master adopts the parties’ stipulation attached hereto, and awards compensation

in the amount and on the terms set forth therein.

O n February 5, 2013 , the pa rties filed a stipulation of fact s concerning attorney

fees and costs. It notes that after informal discussions of petitioner’s January 25, 2013

motion for attorney fees and costs petitioner requests an amended amount

, $ 26.772.45,

to which respondent has no objections. Pursuant to General Order #9, the stipulation

also indicates petiti oner i ncurred no personal litigation costs.

A decision awarding compensation and attorney fees and costs , in the amounts

stipulated to by the parties, w as issued on March 20, 2013

. On April 17, 2013, the

parties filed a second stipulation of facts concerning attorney fees and costs. It

indicates that in early April 2013 petitioner ’ s counsel informed respondent that some

fees and costs were inadvertently omitted f rom her January 25, 2013 motion. Af ter

informal dis cussions and review of p etitioner ’ s new invoices , the parties have agreed to

increase the attorney fees and cost award to $ 32,409.15.

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 §§ 15(b) and (e)(1). Further, t he proposed amount seems reasonable and

appropriate. Accordingly, I hereby award the total $ 3 2,409.15 5 in the form of a

check payable jointly to petitioner and petitioner’s counsel of record, Elaine

Whitfield Sharp , for petitioner’s attorney fees and costs

.

T he clerk of the court shall enter judgment in accordance herewith. 6

IT IS SO ORDERED.

s/ Denise K. Vowell

Denise K. Vowell

S p ecial Master

5 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, § 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).

6 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).