# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 578 V

Filed: January 15, 2016

UNPUBLISHED

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

GILLIAN SEARS

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs; Stipulation

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

HUMAN SERVICES

, *

*

Respondent. *

*

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

Isaiah Kalinowski

, Maglio Christopher and Toale, PA (DC) , Washington, DC, for

petitioner.

Glen MacLeod

, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On July 8, 2014

, Gillian Sears 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”]. Petitioner alleges that she suffered “severe pain, burning

sensation, and stiffness in the right shoulder” within a few hours of receiving the trivalent

influenza vaccination on October 1, 2012. Petition, ¶¶ 2

- 3. On July 17, 2015, a

decision was issued a warding compensation to petitioner based on the parties’

stipulation

.

On January 1 5 , 2016 , the parties filed a Stipulation of Fact Concerning Attorneys’

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 Co urt 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 s ha ve 14 day s to identify

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

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

redact such material from publ ic 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 ).2

petitioner of attorneys’ fees and costs in the amount of $20,000.00

. In compliance with

General Order #9, petitioner filed a statement indicating she in curred no out

- of

- pocket

expenses as an attachment to the s tipulation

. 3

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

U.S.C. § 300 aa

- 15(e). Based on the reasonablenes s of petitioner’s request and the

lack of any objection by respondent, th e undersigned grants the request for approval

and payment of attorneys’ fees and costs.

Accordingly , the undersigned award s the total of $ 20,000.00

, 4 as a lump

sum in the form of a check jointly payable to petitioner and petitioner’s counsel

, Isaiah Kalinowski

.

T he clerk of the court shall enter judgment in accordance herewith. 5

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 In the stipulati on itself, p etitioner’s counsel also represented that petitioner incurred no out

- of

- pocket

expe nses. Stipulation, filed Jan. 15, 2016, at ¶ 3

.

4 This amount is intended to cover all legal e xpenses 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).

5 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).