Schroeder v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-278V

Filed: July 24, 2015

Unpublished

**************************** JANICE SCHROEDER, *

*

Petitioner, * Attorney Fees and Costs; Stipulation;

* Special Processing Unit (“SPU”)

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

*

**************************** Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Vowell, Chief Special Master:

On March 18, 2015, Janice Schroeder filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act” or “Program”]. Petition alleged that as a result of an influenza [“flu”] vaccination on November 12, 2013, she suffered a shoulder injury. Petition at 1. On July 9, 2015, I issued a decision awarding compensation to petitioner based on the parties’ proffer.

On July 23, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $8,478.38. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.

Accordingly, I award the total of $8478.383 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Jeffrey S. Pop.

The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Chief Special Master