In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1374V 

(not to be published)

PAUL REHBEIN

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: November 15, 2019

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

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

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On September 7, 2018, Paul Rehbein, (“Petitioner”), 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 alleges that he suffered a shoulder 

injury related to vaccine administration (“SIRVA”) as a result of a pneumococcal conjugate 

Prevnar 13 (“PCV”) vaccine administered on March 28, 2016. (Petition at 1). On 

September 11, 2019, a decision was issued awarding compensation to Petitioner based 

on the parties’ stipulation. (ECF No. 27.) 

Petitioner has now filed a motion for attorney’s fees and costs, dated October 25, 

2019, (ECF No. 31.), requesting a total award of $15,345.22 (representing $14,893.10 in 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 

to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act 

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

Services). This means the ruling will be available to anyone with access to the internet. 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, I agree that 

the identified material fits within this definition, I 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

fees and $452.12 in costs). In accordance with General Order #9, counsel for Petitioner’s 

filed a signed statement representing Petitioner has incurred no out-of-pocket expenses. 

(Id. at 4). Respondent reacted to the motion on November 6, 2019 indicating that he is 

satisfied that the statutory requirements for an award of attorney’s fees and costs are met 

in this case and defers to the Court’s discretion to determine the amount to be awarded. 

(ECF No. 32). By electronic correspondence on November 7, 2019, counsel for Petitioner 

notified the staff attorney’s office that Petitioner did not intend to file a reply. See Informal 

Remark, November 8, 2019. 

I have reviewed the billing records submitted with Petitioner’s request. In my 

experience, the request appears reasonable, and I find no cause to reduce the requested 

hours or rates. 

The Vaccine Act permits an award of reasonable attorney’s fees and costs. § 

15(e). Accordingly, I hereby GRANT Petitioner’s motion for attorney’s fees and costs. I 

award a total of $15,345.22 (representing $14,893.10 in fees and $452.12 in costs) as a 

lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel. In 

the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), 

the Clerk shall enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice 

renouncing their right to seek review.