VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_07-vv-00360
Package ID: USCOURTS-cofc-1_07-vv-00360
Petitioner: Elina Mindlin
Filed: 
Decided: 2014-02-27
Vaccine: 
Vaccination date: 
Condition: 
Outcome: unclear
Award amount USD: 

AI-assisted case summary:
The staged public document for Elina Mindlin is an attorneys' fees and costs decision. It does not state the vaccine, vaccination date, injury, clinical course, entitlement outcome, or damages award in the underlying Vaccine Act claim.

On February 27, 2014, the parties filed a stipulation agreeing on attorneys' fees and costs. Petitioner also asserted that she personally incurred $3,963.99 in out-of-pocket expenses. During informal discussions, respondent objected to some items in the fee application, and petitioner amended her request.

Special Master Laura D. Millman awarded $224,100.00 in attorneys' fees and costs payable jointly to petitioner and attorney Neal J. Fialkow, plus $3,963.99 payable to petitioner for out-of-pocket expenses. Those amounts were legal-fee and litigation-cost awards, not vaccine-injury compensation. The staged public text does not state an injury-compensation award.

Theory of causation field:
Underlying vaccine, vaccination date, injury, and outcome not stated in staged public fees decision. PUBLIC STAGED DOCUMENT IS FEES ONLY. Special Master Laura D. Millman awarded Feb. 27, 2014 attorneys' fees/costs: $224,100.00 payable jointly to Elina Mindlin and Neal J. Fialkow plus $3,963.99 out-of-pocket expenses to petitioner. Fee/cost award only; no injury compensation stated.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_07-vv-00360-0
Date issued/filed: 2014-03-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/27/2014) regarding 80 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:07-vv-00360-UNJ Document 81 Filed 03/20/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 07-360V
Filed: February 27, 2014
Not for Publication
*************************************
ELINA MINDLIN, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Neal J. Fialkow, Pasadena, CA, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On February 27, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she personally
incurred $3,963.99 in out-of-pocket expenses in pursuit of her petition. Petitioner submitted her
request for attorneys’ fees and costs to respondent. During informal discussions, respondent
raised objections to certain items in petitioner’s application. Based on these objections, petitioner
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:07-vv-00360-UNJ Document 81 Filed 03/20/14 Page 2 of 2
amends her request for reimbursement for attorneys’ fees and costs to $224,100.00. Respondent
does not object to this amount. The undersigned finds this amount to be reasonable.
Accordingly, the court awards:
a. $224,100.00, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check made payable jointly to petitioner and Neal J. Fialkow,
Esq. in the amount of $224,100.00.
b. $3,963.99, representing reimbursement for petitioner’s out-of-pocket expenses. The
award shall be in the form of a check made payable to petitioner in the amount of
$3,963.99.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: February 27, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2