VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00643 Package ID: USCOURTS-cofc-1_12-vv-00643 Petitioner: Jaleh Welby Filed: 2014-06-03 Decided: 2014-06-03 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 15691 AI-assisted case summary: Jaleh Welby, also known as Jeleh Welby, filed a petition for compensation under the National Vaccine Injury Compensation Program. The case proceeded to a decision regarding attorneys' fees and costs. On June 2, 2014, the parties filed a stipulation of fact agreeing on the amount for attorneys' fees and costs. The petitioner asserted no out-of-pocket expenses. Respondent raised objections to certain items in the petitioner's initial request for fees and costs. In response, the petitioner amended her request to $15,691.11, an amount to which the respondent did not object. Special Master Laura D. Millman found this amount to be reasonable. The award was structured as follows: $5,082.18 for attorneys' fees and costs, payable jointly to Jaleh Welby and the law offices of Kneisler, Schondel & Hubbs; and $10,608.93 for attorneys' fees and costs, payable jointly to Jaleh Welby and the Law Offices of James R. Kneisler, Jr. The total award for attorneys' fees and costs was $15,691.11. The decision was issued on June 3, 2014. James R. Kneisler, Jr. represented the petitioner, and Debra A. Filteau Begley represented the respondent. The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the petitioner's clinical medical history. Theory of causation field: The public text for this case does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, or the petitioner's clinical medical history. The case resulted in a decision regarding attorneys' fees and costs based on a stipulation of fact filed by the parties on June 2, 2014. The petitioner asserted no out-of-pocket expenses. After respondent objections, the petitioner amended her request for attorneys' fees and costs to $15,691.11, which respondent did not object to. Special Master Laura D. Millman found the amount reasonable and awarded $5,082.18 jointly to petitioner Jaleh Welby and the law offices of Kneisler, Schondel & Hubbs, and $10,608.93 jointly to petitioner Jaleh Welby and the Law Offices of James R. Kneisler, Jr., for a total of $15,691.11. The decision date was June 3, 2014. Petitioner counsel was James R. Kneisler, Jr., and respondent counsel was Debra A. Filteau Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00643-1 Date issued/filed: 2014-06-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/03/2014) regarding 27 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00643-UNJ Document 28 Filed 06/24/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-643V Filed: June 3, 2014 Not for Publication ************************************* JALEH WELBY, Also Known as * JELEH WELBY, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* James R. Kneisler, Jr., San Angelo, TX, for petitioner. Debra A. Filteau Begley, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On June 2, 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 did not incur any 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 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 1:12-vv-00643-UNJ Document 28 Filed 06/24/14 Page 2 of 2 objections to certain items in petitioner’s application. Based on these objections, petitioner amends her request for reimbursement for attorneys’ fees and costs to $15,691.11. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards: a. $5,082.18, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and the law offices of Kneisler, Schondel & Hubbs in the amount of $5,082.18; and b. $10,608.93, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and the Law Offices of James R. Kneisler, Jr. in the amount of $10,608.93. 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: June 3, 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