In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * * * * * 

SINIDU ROBI and * 

YILAK KEBEBEW, legal * 

representatives of a minor child, * 

DAGIM YILAK, * No. 12-352V

 * Special Master Christian J. Moran 

 Petitioners, * 

 * 

v. * Filed: January 30, 2015

 * 

SECRETARY OF HEALTH * Attorneys’ fees and costs; award

AND HUMAN SERVICES, * in the amount to which respondent 

 * does not object.

 * 

 Respondent. * 

* * * * * * * * * * * * * * * * * * * * * * * * * 

Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioners; 

Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for 

respondent. 

UNPUBLISHED DECISION ON FEES AND COSTS1

On January 27, 2015, petitioners filed a stipulation of fact concerning final 

attorneys’ fees and costs in the above-captioned matter. Previously, petitioners 

informally submitted a draft application for attorneys’ fees and costs to respondent 

for review. Upon review of petitioners’ application, respondent raised objections 

to certain items. Based on subsequent discussions, petitioners amended their 

1

 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the 

parties have 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website. 

 
application to request $39,119.00, an amount to which respondent does not object. 

The Court awards this amount. 

On June 4, 2012, Sinidu Robi and Yilak Kebebew filed a petition for 

compensation on behalf of their son, Dagim Yilak, alleging that the combined 

diphtheria-tetanus-acellular pertussis/ haemophilus influenzae type B/ inactivated 

polio (“DTaP-HIB-IPV”), hepatitis B, Prevnar pneumococcal 7-valent conjugate 

and rotavirus vaccines, which Dagim received on June 18, 2009, caused him to 

suffered an on-Table encephalopathy (Petition at ¶¶ 3-4, 6-9) and the cause-in-fact 

of other injuries, including seizures, infantile spasms with intractable epilepsy, 

hypertonia, and developmental delays. Id. at 5. Petitioners filed a motion for 

decision dismissing their petition indicating that their expert was unable to 

conclude that the vaccinations were a cause-in-fact of Dagim’s injuries. See

Pet’rs’ Motion for Decision Dismissing Petition, filed June 27, 2014. In this 

ruling, compensation was denied. Decision, dated July 1, 2014.

Even though compensation was denied, petitioners who brings their petition 

in good faith and who have a reasonable basis for the petition may be awarded 

attorneys’ fees and costs. See 42 U.S.C. § 300aa–15(e)(1). Here, counsel for 

petitioners gathered and filed medical records, attempted to obtain an expert report, 

and moved for a decision on the record when further investigation revealed that 

petitioners were unlike to prove their case. Thus, because petitioners’ counsel 

acted in good faith and because there was a reasonable basis for proceeding, 

petitioners are eligible for an award of attorneys’ fees and costs. Respondent does 

not contend that petitioners failed to satisfy these criteria.

Petitioners seek a total of $39,119.00 in attorneys’ fees and costs for their 

counsel. Additionally, in compliance with General Order No. 9, petitioners state 

that they incurred $350.00 in out-of-pocket litigation expenses while pursuing this 

claim. Respondent has no objection to the amount requested for attorneys’ fees 

and costs. 

After reviewing the request, the Court awards the following:

a. A lump sum of $39,119.00 in the form of a check made payable to 

petitioner and petitioner’s attorney, Simina Vourlis, for attorneys’ 

fees and other litigation costs available under 42 U.S.C. § 300aa15(e).

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b. A lump sum of $350.00, payable to petitioners, Sinidu Robi and Yilak 

Kebebew, for costs they incurred in pursuit of her petition.

The Court thanks the parties for their cooperative efforts in resolving this 

matter. The Clerk shall enter judgment accordingly. 

Any questions may be directed to my law clerk, Christina Gervasi, at (202) 

357-6521. 

 

IT IS SO ORDERED. 

 

 s/Christian J. Moran

 Christian J. Moran

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