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# C!tourt ofjfeberal C!tlaimg OFFICE OF SPECIAL MASTERS No. 14-946V Filed: June 27, 2017 Notfor Publication 

### ************************************* J.O., 

## * * Petitioner, 

## * * 

# F'LED JUN 2720\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. 

## * * ************************************* 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 underthe National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2012) allegingthathis receipt ofhepatitis B vaccine on September 30, 2013 caused himto develop numerous symptoms, including lightheadedness, hypertension, burningheartpain, metabolic syndrome, and loss ofappetite. Pet. at

## iii! 5, 6. OnDecember2, 2015, attorney Robert J. Krakowbecame the attorney ofrecord inthe case. The undersigned issued a decision dismissingthe case on April 5, 2017.

1Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished decision on the United States Court ofFederal Claims' website, in accordance with the E-Government Act of2002, 44 U.S.C. §3501 note (2012) (Federal Management and Promotion ofElectronic Government Services). Vaccine Rule 18(b) states that all decisions ofthe 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 ofprivacy. When such a decision is filed, petitionerhas 14 days to identify and move to redact such information priorto the document's disclosure. Ifthe 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 CLAIMSOn June 6, 2017, petitionerfiled 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 satisfiedthat this case meets the statutoryrequirements for an award ofattorneys' fees and costs under 42 U.S.C. § 300aa-15(e)(l)(A)-(B). Resp. at 2. Respondent "respectfully recommends that the [undersigned] exercise herdiscretion and determine a reasonable award for attorneys' fees and costs." Id. at 3. Petitionerfiled a reply to respondent's response onJune 13, 2017. In his reply, petitioner requests that the undersigned "grantpetitioner's Motionfor Attorneys' Fees and Costs in the amountrequested." Reply at 1. The Vaccine Act permits an award of"reasonable attorneys' fees" and "othercosts." 42 U.S.C. § 300aa-15(e)(l). Itis not necessary for a petitionerto prevail in the case-in-chiefin order to receive a fee award as long as petitionerbrought 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" ofattorneys' fees and costs. Perreirav. Sec'y ofHHS, 27 Fed. Cl. 29, 34 (1992), affd, 33 F.3d 1375 (Fed. Cir. 1994); see also Saxtonex rel. Saxtonv. Sec'y ofHHS, 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 ofthe 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 payablejointlyto petitioner and the LawOffice ofRobert 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 ofa check made payable to petitioner's for $525.00.
In the absence ofa motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enterjudgmentherewith. 3

2The undersigned hereby directs the clerkto send acopy ofthis decision to petitioner's former counsel, Robert J. Krakow. 3Pursuant to Vaccine Rule ll(a), entry of judgment can be expedited by each party, either separately or jointly, filing anotice renouncing the right to seek review. 2IT IS SO ORDERED.

Dated: June 27, 2017

# ~£.~

3 Laura D. Millman Special Master