# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: September 1 1

, 2014

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

RAUL TORRES, JR., on b ehalf of the * UNPUBLISHED

Estate of RAUL TORRES, SR., *

*

* No. 13

- 943 V

Petitioner

, *

* Special Master Dorsey

v. *

* Attorneys’ Fees and Costs;

SECRETARY OF HEALTH * Reasonable Amount Requested to which

AND HUMAN SERVICES, * Respondent Does N ot Object.

*

Respondent. *

*

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

Michael Adly Baseluos

, Baseluos Law Firm, San Antonio, TX

, for petitioner

. Ryan Daniel Pyles

, U.S. Dep artment of Justice, Washington, D

. C

. , for respondent

.

ATTORNEYS’ FEES AND COSTS DECISION 1

On November 27, 2013 (“ petitioner ”)

, file d a petition on behalf of the Estate of Raul

Torres, Sr., pursuant to the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that, as a result of rec eiving an influenza

(“flu”) vaccine on December 1, 2010, Raul Torres, Sr., suffered from chronic inflammatory

demyelinating polyneuropathy (“CIDP”), Guillian

- Barré syndrome (“GBS”), and death. On

May 27, 2014

, this case was dismissed for insufficient proo f

.

O n September 10, 2014 , the parties filed a Stipulation of Fact Concerning Attorneys’

Fees and Costs. According to the stipulation, respondent does not o bject to a total award of

atto rneys’ fees and costs in the amount of $ 4

, 0 00.00

. In accordance wi th General Order #9,

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this decision on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, Pu b. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which

to request redaction “of any information furnished by that party: (1) that is a trade secret or

commercial or financial in sub stance and is privileged or confidential; or (2) that includes

medical files or similar files, the disclosure of which would constitute a clearly unwarranted

invasion of privacy.” V accine Rule 18(b). Otherwise, the entire decision will be available to th e

public. Id.

1petitioner ’s counsel represents that petitioner incurred no out

- of

- p ocket expenses in pursuing this

petition

.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §

300 aa

- 15(e). Based on t he reasonableness of petitioner ’s request and respondent’s counsel’s

lack of objection to petitioner’ s counsel’s fee request, the undersigned GRANTS petitioner’ s

motion for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

in the form of a check jointly payable to petitioner and petitioner’s counsel

, Michael

B aseluos of t he Baselsos Law F irm in the amount of $ 4

, 0 00.0 0

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 2

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.

2