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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: October 23, 2013

* * * * * * * * * * * * * * STEPHANIE HINTON, As the Parent * UNPUBLISHED
And Natural Guardian of * JEFFEREY O’BRIEN, *
* No. 12-691V Petitioner, * * Special Master Dorsey
v. * * Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reas onable Amount Requested to which AND HUMAN SERVICES, * Responde nt Does not Object.
* Respondent. *
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* * * * * * * * * * * * * Mark Sadaka, Law Office of Sadaka and Associates, Englewood, NJ, for petitioner. Darryl R. Wishard, U.S. Department of Ju stice, Washington, D.C., for respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1

On October 15, 2012, Stephanie Hinton, as the parent and natural guardian of Jefferey O’Brien (“petitioner”) filed a petition for comp ensation under the National Vaccine Injury Compensation Program (“Vaccine Program”) 2 alleging that an influenza (flu) vaccine, which Jefferey received on October 22, 2009, caused him to suffer from lesions, rashes, swelling and symptoms of lupus erythematous. Petition at 3-4, 7-8. On September 18, 2013, a decision dismissing the petition for insu fficient proof was entered.

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is priv ileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire d ecision will be available to the public. Id.

2 The National Vaccine Injury Compensation Prog ram is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (“Vaccine Act” or “Act”). All citations in this decision to
individual sections of the Ac t are to 42 U.S.C.A. § 300aa.2 On October 22, 2013, the parties filed a Stipulat ion of Facts Regarding Attorneys’ Fees and Costs. According to the stipulation, responde nt does not object to a to tal award of attorneys’ fees and costs in the amount of $11,500.00. In a ccordance with General Order #9, petitioner filed a statement stating that she incurred no out -of-pocket expenses in pursuing the petition.

The Vaccine Act permits an award of reasonabl e attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of pe titioner’s request and respondent’s counsel’s lack of objection to petitioner’s c ounsel’s fee reques t, the undersigned GRANTS petitioner’s motion for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

in the form of a check jointly payable to petitioner and the Law Offices of Sadaka Associates, LLC, in the amount of $11,500.00

.

In the absence of a motion for review file d pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgme nt is expedited by the parties’ joint filing of notice renouncing the ri ght to seek review.