ORIGINAL 

1Jn tbe 'mlniteb ~tateg C!tourt of jfeberal C!tlaimg 

OFFICE OF SPECIAL MASTERS 

No. 14-946V 

Filed: June 27, 2017 

Not for Publication 

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J.O., * 

* 

Petitioner, * 

* 

F'LED 

JUN 2 7 20\7 

OSM 

U.S. COURT OF 

FEDERAL CLAIMS 

v. * 

* 

Attorneys' fees and costs decision; 

reasonable attorneys' fees and costs 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

* 

Respondent. * 

* 

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J.O., Buffalo, NY, prose. 

Arny P. Kokot, Washington, DC, for respondent. 

MILLMAN, Special Master 

DECISION AWARDING ATTORNEYS' FEES AND COSTS1 

On October 6, 2014, petitioner filed a petition prose under the National Childhood 

Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2012) alleging that his receipt of hepatitis B 

vaccine on September 30, 2013 caused him to develop numerous symptoms, including 

lightheadedness, hypertension, burning heart pain, metabolic syndrome, and loss of appetite. 

Pet. at iii! 5, 6. On December 2, 2015, attorney Robert J. Krakow became the attorney of record 

in the case. The undersigned issued a decision dismissing the case on April 5, 2017. 

1 Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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' website, in accordance with the E-Government Act of2002, 44 U.S.C. § 3501 note (2012) 

(Federal Management and Promotion of Electronic Government Services). 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. On 

June 5, 2017, the undersigned issued an Order on petitioner's Motion to Redact dated April 19, 2017. In 

her Order, the undersigned granted petitioner's motion to redact his name, but denied petitioner's motion 

to redact the civil case number. 

REISSUED FOR PUBLICATION

JUL 24 2017

OSM

U.S. COURT OF FEDERAL CLAIMS
On June 6, 2017, petitioner filed a motion for attorneys' fees and costs. Petitioner 

requests attorneys' fees in the amount of$22,346.30, attorneys' costs in the amount of 

$1,019.80, and personal costs of $525.00, for a total request of $23,891.10. 

On June 13, 2017, respondent filed a response to petitioner's motion explaining he is 

satisfied that this case meets the statutory requirements for an award of attorneys' fees and costs 

under 42 U.S.C. § 300aa-15(e)(l)(A)-(B). Resp. at 2. Respondent "respectfully recommends 

that the [undersigned] exercise her discretion and determine a reasonable award for attorneys' 

fees and costs." Id. at 3. 

Petitioner filed a reply to respondent's response on June 13, 2017. In his reply, petitioner 

requests that the undersigned "grant petitioner's Motion for Attorneys' Fees and Costs in the 

amount requested." Reply at 1. 

The Vaccine Act permits an award of"reasonable attorneys' fees" and "other costs." 

42 U.S.C. § 300aa-15(e)(l). It is not necessary for a petitioner to prevail in the case-in-chief in 

order to receive a fee award as long as petitioner brought the claim in "good faith and there was a 

reasonable basis for the claim." Id. The special master has "wide discretion in determining the 

reasonableness" of attorneys' fees and costs. Perreira v. Sec'y of HHS, 27 Fed. Cl. 29, 34 

(1992), affd, 33 F.3d 1375 (Fed. Cir. 1994); see also Saxton ex rel. Saxtonv. Sec'y of HHS, 3 

F.3d 1517, 1519 (Fed. Cir. 1993) (''Vaccine program special masters are also entitled to use their 

prior experience in reviewing fee applications."). 

Based on her experience and review of the billing records submitted by petitioner, the 

undersigned finds petitioner's attorneys' fees and costs request reasonable. Therefore, the 

undersigned GRANTS petitioner's Motion for Attorneys' Fees and Costs. Accordingly, the 

court awards: 

a. $23,366.10, representing attorneys' fees and costs.2 The award shall be in the form of 

a check made payable jointly to petitioner and the Law Office of Robert J. Krakow, 

P.C. in the amount of$23,366.10; and 

b. $525.00, representing petitioner's costs. The award shall be in the form of a check 

made payable to petitioner's for $525.00. 

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. 3 

2 The undersigned hereby directs the clerk to send a copy of this decision to petitioner's former counsel, 

Robert J. Krakow. 3 Pursuant to Vaccine Rule l l(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review. 

2 
IT IS SO ORDERED. 

Dated: June 27, 2017 ~£.~ 

3 

Laura D. Millman 

Special Master