In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

ROBERT PETRILLO, * 

 * 

 * No. 15-1441V

 Petitioner, * Special Master Christian J. Moran

 * 

v. * Filed: August 15, 2016 

 * 

SECRETARY OF HEALTH * Attorneys’ fees and costs; award 

AND HUMAN SERVICES, * in the amount to which respondent

 * has not objected

 Respondent. * 

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

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

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

respondent.

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS1

On December 1, 2015, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the 

“Vaccine Act”). Petitioner alleged that he developed chronic inflammatory 

demyelinating polyneuropathy as a result of the human papillomavirus vaccine 

administered to him on November 30, 2012. On July 15, 2016, the undersigned

issued a decision denying compensation to petitioner based on petitioner’s motion 

for a decision dismissing the petition. Decision, issued July 15, 2016, 2016 WL 

4151688. 

Even though compensation was denied, a petitioner who brings his petition 

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

 

1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services), requires that the Court post this decision 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. 
2 

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

petitioner gathered and filed medical records and moved for a decision on the 

record when further investigation revealed that petitioner was unlikely to prove his

case. Thus, because petitioner’s counsel acted in good faith and because there was 

a reasonable basis for proceeding, petitioner is eligible for an award of attorneys’ 

fees and costs. Respondent does not contend that petitioner failed to satisfy these 

criteria.

On August 11, 2016, petitioner filed an unopposed motion for attorneys’ 

fees and costs.2

 Petitioner requests a total of $5,688.36 in attorneys’ fees and 

costs. In accordance with General Order No. 9, petitioner’s counsel represents that 

petitioner incurred no out-of-pocket expenses in pursuit of this claim. 

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. 

A lump sum payment of $5,688.36, in the form of a check made 

payable jointly to petitioner and petitioner’s attorney, Howard S. Gold, 

 of Gold Law Firm, LLC, for attorneys’ fees and other litigation costs 

available under 42 U.S.C. § 300aa-15(e).

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

clerk of the court shall enter judgment in accordance herewith.3

Any questions may be directed to my law clerk, Shannon Proctor, at 

(202) 357-6360.

IT IS SO ORDERED. 

s/Christian J. Moran

 Christian J. Moran

 Special Master

 

2

 In the motion, petitioner states that respondent has no objection to petitioner’s request. 

 

3

 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.