# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1385 V

Filed: June 14, 2016

U NPUBLISHED

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

VALERIE ROBERTSON

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs;

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

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA

, for petitioner.

Lisa Ann Watts , U

. S

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

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On November 16, 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 a left shoulder injury related to

vaccine administration ( “ SIRVA ” ) after receiving her October 15, 2014 influenza

vaccination

. On Ma y 26, 2016

, the undersigned issued a decision awarding

compensation to petitioner based on the parties ’ stipulation

. (ECF No. 18 )

.

On May 31, 2016

, petitioner filed a motion for attorneys’ fees and costs. (ECF

No. 22 ). Petitioner requests attorneys’ fees in the amount of $ 1 0,636.50 and attorneys’

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 wi th

the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of

Electronic Government Services). 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 undersigne d agrees that the 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 subparagraph of 42 U.S.C. §

300aa (2012).2 costs in the amount of $ 9 51.15 for a total amount of $ 1 1

, 587.65 . Id. at 1

. In compliance

with General Order #9, petitioner has filed a signed statement indicating petitioner

incur red no out

- of

- pocket expenses.

On June 13, 2016

, respondent filed a response stating respo ndent has no

objection to petitioner’s motion. (ECF No. 2 3 ). Respondent indicated that the overall

amount sought is not unreasonable. ( Id .)

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

§ 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition

from respondent , the undersigned GRANTS petitioner’s mo tion for attorneys’ fees and

costs.

Accordingly , the undersigned award s the total of $ 1 1,587.65 3 as a lump

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

J effrey S. Pop, Esq

.

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 c over 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 f ees (including costs) that would

be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs

. , 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.