1



### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 1 0

- 748 V

Filed: April 11 , 2013

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

ERIN FLEMING

, *

*

Petitioner, * Attorney Fees and Costs

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Richard H. Moeller, Esq., Berenstein, Moore, et al.

, Sioux City, IA, for petitioner.

Chrysovalantis Kefalas , Esq., U.S. Dep ’ t of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Special Master:

In this case under the National Vaccine Injury Compensation Program, 2 I issued

a decision on February 21, 2013

, that award ed compensation pursuant to the parties’

joint stipulation . On April 10, 2013 , the parties filed a stipulation for attorney fees and

costs. The stipulation indicates that respondent does not object to the amount petitioner

is requesting. Additionally, pursuant to General Order #9, the stipulation notes that

petitioner incurred $1,472.34 in litigation costs

.

I find that this petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,

pursuant to 42 U.S.C. §§ 300aa

- 15(b) and (e)(1). Further, the proposed amount seems

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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 Court 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 ha s 14 days to identify and

move to delete 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

delete such material from public access.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa

- 10 et seq

. (2006).2

reasonable and appropriate. Accordingly, I hereby award the total $36,487.02 3 as

follows:

 a lump sum of $35,014 .68 in the form of a check payable jointly to

petitioner , Erin Fleming, and petitioner’ s counsel of record, Richard

H. Moeller, for petitioner’s attorney fees and costs , and

 a lump sum of $1,472.34 in the form of a check payable to petitioner,

Erin Fleming, for her personal litigation costs.

T he clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/ Denise K. Vowell

Denise K. Vowell

Special Master

3 This amount is intended to cover 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, 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 awarded herein. See generally Beck v. Sec’y, HHS , 924

F.2d 1029 (Fed. Cir.1991).

4 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).