# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS



### * * * * * * * * * * * * * * * * * * * * *

SARAH YOON , *

As parent of N.Y. , * No. 15

- 224 V

* Special Master Christian J. Moran

Petitioner, *

* Filed: March 1, 2016

v. *

* Attorneys’ fees and costs; award

SECRETARY OF HEALTH * in the amount to which

AND HUMAN SERVICES, * respondent does not object.

*

Respondent. *

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

Mark L. Krueger

, Krueger & Hernandez, S.C.

, Baraboo, WI , for petitioner;

Althea W

. Davis , United States Dep’t of Justice, Washington, DC, for respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1



### On February 22 , 2016 , petitioner filed a stipulation of fact for attorneys’ fees

and costs . Previously, petitioner informally submitted a final application for

attorneys’ fees and costs to request $ 11,097.12 , an amount to which respondent

does not object. The Court awards this amount.

On March 4, 2015

, Sarah Yoon, mother of N.Y., filed a petition for

compensation alleging that N.Y. suffered transverse myelitis as the result of

Haemophilus influenzae type b and pneumococcal conjugate (Prevnar) vacc ines

administered on March 8, 2012. The parties filed a joint stipulation of dismissal

pursuant to Vaccine Rule 21(a) on February 9, 2016 and the undersigned issued an

Order Concluding Proceedings on February 11, 2016.

1 T he E -Government Act, 44 U.S.C. § 3501 note (2012 ) ( Federal Management and

Promotion of Electronic Government Services) , requires that the Court post this decision on its

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing

redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).

Any r edactions ordered by the special master will appear in the document posted on the website.

### Even though the petition was dism issed , a petitioner who brings her petition

in good faith and who has a reasonable basis for the petition may be awarded

attorneys’ fees and costs. See 42 U.S.C. § 300aa –15(e)(1) . Here, counsel for

petitioner spent time gathering medical records and fili ng aff idavits for petitioner.

Counsel consulted an expert and then counsel realized that proof of causation was

lacking and the case could not proceed. At this point, counsel took steps to resolve

this case relatively quickly so as not to increase costs and expenses unnecessarily.

Thus, because petitioner’ s counsel acted in good faith and there was a reasonable

b asis for proceeding, petitioner is eligible for an award of attorneys’ fees and costs.

Respondent does not contend that petitioner failed to sa tisfy these criteria.

Petitioner seek s a total of $ 11,097.12

, in attorneys’ fees and costs for her

counsel. Additionally, in compliance with General Order No. 9, petitioner state s

that s he incurred $ 400. 00

, in out

- of

- pocket litigation expenses while pursuing this

claim. Respondent has no objection to the amount requested for attorneys’ fees

and costs.

After reviewing the request, the Court awards the following:

a. A lump sum of $ 11,097.12 , in the form of a check made payable to

petitioner and petitioner’ s attorney, Mark L. Krueger, of Krueger &

Hernandez, S.C. , for attorneys’ fees and other litigation costs

available under 42 U.S.C. § 300aa

- 15(e).

b. A lump sum of $ 400.00 , payable to petitioner, S arah Yoon, as parent

of N .Y.

, for costs incurred in pursuit of her petition.

The Court thanks the parties for their cooperative efforts in resolving this

matter. The Clerk shall enter judgment accordingly.

Any questions may be directed to my law clerk, Shannon Proctor, at (202)

357

- 6360.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

2IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

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

SARAH YOON

As parent of N.Y., *

*

Petitioner, *

*

v. * No. 15

- 224 ECF

* Special M aster Christian Moran

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

*

Respondent. *

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

STIPULATION OF FACTS CONCERNING FINAL ATTORNEYS’ FEES AND COSTS

It is hereby stipulated by and between the parties, the following factual matter:

1. Mark L. Krueger, Esq., is the attorney of record for petitioner.

2. On or about February 3, 2016, petitioner informally provided a Final Application for

Attorneys’ Fees and Costs (“Application”) to responde nt, in which petitioner requested

final attorneys’ fees and costs in the amount of $ 11,097.12. Respondent does not object

to the total amount requested. Petitioner also incurred costs in the amount of $400.00 for

the filing fee.

3. The parties now agree th at a decision should be entered awarding final attorneys’ fees

and costs payable to petitioner’s attorney and petitioner in the amount of $11,097.12. In

addition, a decision should be entered awarding Petitioner’ costs in the amount of

$400.00.

4. Petitione r understands that the payment totaling $11,497.12 represents all attorneys’ fees

and costs available under 42 U.S.C. § 300aa

- 15(e).

5. Nothing in this Stipulation, including the amount set forth in paragraphs 2 and/or 3,

should be construed as an admission, concession, or waiver of either party as to any of

the matters raised by petitioner’s Application, including but not limited to the hourly rates

requested and other litigation

- related costs.ATTORNEY OF RECO RD FOR ATTORNEY OF RECORD FOR

PETI TIONER : RESPONDENT:

s/Mark L. Krueger s/ Althea Walker Davis

Mark L. Krueger Althea Walker Davis

123 2 nd Street Senior Trial Counsel

P.O. Box 41 Civil Division, Torts Branch

Baraboo, WI 53913 P.O. Box 146

(608)356

- 3961 Be njamin Franklin Station

Washington DC 20044

- 0146

Date: February 22 , 2016