# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1298 V (not to be published)

FRANKLIN GALLO

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed : November 13, 2020

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

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for

P etitioner.

Julia Marter Collison , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On August 27, 2018, Franklin Gallo (“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 suffe red a shoulder injury related to vaccine

administration as a result of a tetanus, diphtheria, acellular pertussis vaccine
administered on September 5, 2017

. ( Petition at 1 )

. On March 23 , 2020

, a decision was

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 D ecision 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, 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. 99

- 660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 issued awarding compensation to P etitioner based on the Respondent’s proffer

. (ECF

No. 3 6 )

.

Petitioner has now filed a motion for attorney’s fees and costs, dated October 1

, 2020 (ECF No. 4 2 ) , requesting a total award of $ 47,528.50 (representing $ 45,683.50 in
fees and $ 1,845.00 in costs). In accordance with General Order No. 9

, Petitioner filed a
signed statement indicating that he incurred no out

- of

- pocket expenses ( Id . at 2 ).
Respondent reacted to the motion on October 8 , 2020

, indicating that he is satisfied that
the statutory requirements for an award of attorney’s fees and costs are met in this case

a nd defers to my discretion to determine the amount to be awarded (ECF No. 4 3 )

. Petitioner filed a reply on October 9 , 2020, requesting that the court award all fees and
costs requested in Petitioner’s application. (ECF No. 4 4 ).

I have reviewed the billing records submitted with Petitioner’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 cos ts

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

award a total of $47,528.50 (representing $45,683.50 in fees and $1,845.00 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 decision. 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 joint notice renouncing their right to seek review.