# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1410 V (not to be published)

BENJAMIN GONZALES

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 30, 2019

Special Processing Unit (SPU);
Attorney’s Fees and Costs

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Colleen Clemons Hartley , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On September 14, 2018

, Benjamin Gonzales ( “ 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 he suffered Guillain

- Barre Syndrome (“GBS”) as the result of an influenza vaccination on December 9, 2016

. ( Petition at 1 )

. On November 26 , 2019

, a decision was issued awarding compensation

to P etitioner based on the Respondent’s proffer

. (ECF No. 3 3 )

.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). 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 o f which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 9 9

- 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).2 Petitioner has now filed a motion for attorney’s fees and costs, dated December 9

, 2019

, (ECF No. 3 8 ) requesting a total award of $ 7,937.22 (representing $ 7,020.90 in fees
and $ 916.32 in costs). In accordance with General Order #9 Petitioner filed a signed

statement indicating that she has not incurred out

- of

- pocket expenses. (ECF No. 3 7 )

. Respondent reacted to the motion on December 9 , 2019 indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this

case and defers to the Court’s discretion to determine the amount to be awarded. (ECF

No. 3 9 ). By email correspondence on December 12, 2019, counsel for Petitioner informed the staff attorney managing this case that Petitioner did not intend to file a reply. See
Informal Remark, December 12, 2019.

I have reviewed the billing records submitted with P etitioner’s request. In my experience , the request appears reasonable, and I find no cause to reduce the requested

hours or rates.

The Vaccine Act permits an award of reasonable attorney ’ s fees and costs

. §
15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney ’ s fees and costs. I

award a total of $ 7,937.22 (representing $ 7,020.90 in attorney’s fees and $ 916.32 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s

counsel

. In the absence of a timely

- filed motion for review (see Appendix B to the Rules
of the Court), the Clerk shall enter judgment in accordance with this dec ision. 3

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a jo int notice renouncing their right to seek review.