In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-1569V 

Filed: August 11, 2016 

UNPUBLISHED 

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

GLENDA IVY, * 

 * 

 Petitioner, * 

v. * 

 * Attorneys’ Fees and Costs; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Howard Gold, Gold Law Firm, LLC, Wellesley Hills, MA 02481, for petitioner. 

Robert Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On December 23, 2015, Glenda Ivy (“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” or “Program”). Petitioner alleged that she suffered GuillainBarré Syndrome (“GBS”) caused-in-fact by the influenza vaccination she received on 

December 27, 2012. Petition at 1. 

The petition was filed without the relevant medical records due to the impending 

expiration of the Vaccine Act’s statute of limitations. See § 16(a)(2) (requiring petitioner 

to file her petition within 36 months of the first symptom or manifestation of onset of her 

GBS). On May 19, 2015, petitioner filed medical records in this case. See Exhibits 1-5 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012). 
2 

(ECF No. 13). The same day, petitioner’s counsel contacted the court regarding options 

for exiting the Vaccine Program. See Informal Remark, dated May 19, 2015. 

On May 23, 2016, petitioner moved for a decision dismissing her petition, 

acknowledging that insufficient evidence exists to demonstrate entitlement to 

compensation. (ECF No. 15). The undersigned issued a decision dismissing 

petitioner’s claim. (ECF No. 16).

 On July 19, 2016, petitioner filed a motion for attorneys’ fees and costs. (ECF 

No. 19). Petitioner requests attorneys’ fees and costs in the amount of $6,215.50. Id.

at ¶ 4. In accordance with General Order #9, petitioner’s counsel represents that 

petitioner incurred no out-of-pocket expenses. Id. at ¶ 3. 

On August 5, 2016, respondent filed a response stating respondent has no 

objection to petitioner’s motion. (ECF No. 20). Respondent adds, however, that her 

“lack of objection to the amount sought in this case should not be construed as 

admission, concession, or waiver as to the hourly rates requested, the number of hours 

billed, or the other litigation related costs.” Id. 

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 

§ 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition 

from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and 

costs. 

Accordingly, the undersigned awards the total of $6,215.503 as a lump sum 

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

Howard Gold. As is the normal practice, the award for attorney’s fees and costs shall 

be forwarded to Gold Law Firm, LLC, 83 Walnut Street, Suite 150, Wellesley Hills, MA

02481 which is the address of record.

 The clerk of the court shall enter judgment in accordance herewith.4

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master

 

3

 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all 

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. 

Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would 

be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 

924 F.2d 1029 (Fed. Cir.1991). 

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.