VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00157
Package ID: USCOURTS-cofc-1_18-vv-00157
Petitioner: MONICA GOMEZ
Filed: 2018-01-31
Decided: 2019-08-19
Vaccine: Tdap
Vaccination date: 2017-03-07
Condition: Shoulder Injury Related to Vaccine Administration (“SIRVA”), cellulitis, and an abscess
Outcome: compensated
Award amount USD: 12462

AI-assisted case summary:
Monica Gomez filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), cellulitis, and an abscess as a result of her Tetanus Diphtheria acellular Pertussis (Tdap) vaccination on March 7, 2017. The parties entered into a stipulation, and a decision awarding compensation was issued on July 12, 2019. Subsequently, Ms. Gomez filed a motion for attorneys' fees and costs, requesting $11,950.50 in fees and $511.99 in costs, for a total of $12,462.49. The respondent did not object to the statutory requirements for an award. The Chief Special Master reviewed the billing records, found the request reasonable, and awarded the full amount of $12,462.49 as a lump sum, jointly payable to the petitioner and her counsel.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00157-0
Date issued/filed: 2019-11-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/19/2019) regarding 41 DECISION of Special Master - Fees Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00157-UNJ Document 44 Filed 11/08/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0157V
Filed: August 19, 2019
UNPUBLISHED
MONICA GOMEZ,
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.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On January 31, 2018, 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”), cellulitis, and an abscess as a result of her Tetanus
Diphtheria acellular Pertussis (“Tdap”) vaccination on March 7, 2017. Petition at 1. On
July 12, 2019, the undersigned issued a decision awarding compensation to petitioner
based on parties’ stipulation. ECF No. 35.
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, the 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 1:18-vv-00157-UNJ Document 44 Filed 11/08/19 Page 2 of 2
On July 25, 2019, petitioner filed a motion for attorneys’ fees and costs. ECF No.
39. Petitioner requests attorneys’ fees in the amount of $11,95050 and attorneys’
costs in the amount of $511.99. Id. at 3. In accordance with General Order #9,
petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at
3. Thus, the total amount requested is $12,462.49.
On August 8, 2019, respondent filed a response to petitioner’s motion. ECF No.
40. Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 requires
respondent to file a response to 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 requests that the Court exercise its discretion and determine a
reasonable award for attorneys’ fees and costs.” Id. at 3.
Through email correspondence on August 9, 2019, petitioner notified the
undersigned and counsel for respondent 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 $12,462.493 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