VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01386
Package ID: USCOURTS-cofc-1_17-vv-01386
Petitioner: Becky Wiethorn
Filed: 2017-09-29
Decided: 2018-12-12
Vaccine: influenza
Vaccination date: 2016-10-17
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 12776

AI-assisted case summary:
Becky Wiethorn filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a consequence of a flu immunization received on or about October 17, 2016. The respondent is the Secretary of Health and Human Services. The parties entered into a stipulation, and on October 11, 2018, a decision was issued awarding compensation. Subsequently, on October 18, 2018, Ms. Wiethorn filed a motion for attorneys' fees and costs, requesting $12,370.50 in fees and $406.00 in costs, for a total of $12,776.50. The respondent did not contest the statutory requirements for the award and recommended that the Chief Special Master exercise her discretion to determine a reasonable award. The Chief Special Master reviewed the billing records, found the request reasonable, and granted the motion, awarding the total requested amount of $12,776.50 as a lump sum payable jointly to the petitioner and her counsel, Jeffrey S. Pop. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Becky Wiethorn alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza immunization on or about October 17, 2016. The parties entered into a stipulation, and compensation was awarded. Petitioner's counsel, Jeffrey S. Pop, filed a motion for attorneys' fees and costs totaling $12,776.50 ($12,370.50 in fees and $406.00 in costs). Respondent did not contest the statutory requirements for the award. Chief Special Master Nora Beth Dorsey reviewed the billing records, found the request reasonable, and granted the motion, awarding the full amount. The theory of causation was based on the "Table" category of vaccine injury, as indicated by the provided data fields. The decision date for the attorneys' fees and costs was December 12, 2018, following the initial compensation decision on October 11, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01386-0
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/11/2018) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01386-UNJ Document 39 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1386V
Filed: October 24, 2018
UNPUBLISHED
BECKY WIETHORN,
Petitioner,
Special Processing Unit (SPU);
v.
Attorneys’ Fees and Costs
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On September 29, 2017, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that she suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a consequence of the flu immunization she
received on or about October 17, 2016. Petition at 1. On October 11, 2018, the
undersigned issued a decision awarding compensation to petitioner based on the
parties’ stipulation. ECF No. 29.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the Internet. In accordance with
Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required to post it on the United States Court of Federal Claims'
website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:17-vv-01386-UNJ Document 39 Filed 12/12/18 Page 2 of 2
On October 18, 2018, petitioner filed a motion for attorneys’ fees and costs. ECF
No. 33. Petitioner requests attorneys’ fees in the amount of $12,370.50 and attorneys’
costs in the amount of $406.00. Id. at 3. In compliance with General Order #9,
petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket
expenses. Id. at 3. Thus, the total amount requested is $12,776.50.
On October 18, 2018, respondent filed a response to petitioner’s motion. ECF
No. 34. Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13
contemplates any role for respondent in the resolution of a request by a petitioner for an
award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is
satisfied the statutory requirements for an award of attorneys’ fees and costs are met in
this case.” Id. at 2. Respondent “respectfully recommends that the Chief Special
Master exercise her discretion and determine a reasonable award for attorneys’ fees
and costs.” Id. at 3.
By email correspondence on October 18, 2018, petitioner’s counsel notified the
undersigned that petitioner did not intend to file a reply.
The undersigned has reviewed the billing records submitted with petitioner’s
request. In the undersigned’s experience, the request appears reasonable, and the
undersigned finds no cause to reduce the requested hours or rates.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs.
§ 15(e). Based on the reasonableness of petitioner’s request, the undersigned
GRANTS petitioner’s motion for attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $12,776.503 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/Nora Beth Dorsey
Nora Beth Dorsey
Chief 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, § 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 of Health & Human Servs.,
924 F.2d 1029 (Fed. Cir.1991).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2