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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-244V

Filed: April 28, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

BRIAN LAUER, *

 * Special Master Gowen

Petitioner, *

 *

v. * Attorneys’ Fees and Costs.

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

Respondent. *

 *

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

Ronald C. Homer, Conway, Homer & Chin-Caplan, PC, Boston, MA, for petitioner.

Jennifer Reynaud, United States Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

On March 31, 2014, Brian Lauer (“petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.

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42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged 

that as a result of receiving an influenza vaccination on October 14, 2012, he suffered peripheral 

neuropathy. Stipulation for Award at ¶ 2, 4, filed Nov. 25, 2015. On November 25, 2015, the 

parties filed a stipulation in which they agreed to an award of compensation to petitioner. On 

November 30, 2015, the undersigned issued a decision adopting the parties’ stipulation for an 

 

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

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

Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal 

Management and Promotion of Electronic Government Services). 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 substance 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.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 

42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
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award. See Decision on J. Stip., filed Nov. 30, 2015. 

On April 8, 2016, petitioner filed an amended3application for attorneys’ fees and costs. 

Petitioner requests a total award of attorneys’ fees and costs in the amount of $45,634.83. Amended 

Application for Fees and Costs at 1, filed Apr. 8, 2016. In accordance with General Order #9, 

petitioner represents that he incurred reimbursable costs in pursuit of this claim in the amount of 

$19.99. See Petitioner and Counsel Statement at 1, filed Apr. 6, 2016. 

On April 25, 2016, respondent filed a response to petitioner’s application for attorneys’ 

fees and costs, indicating that “respondent does not object to the overall amount sought, as it is not 

an unreasonable amount to have incurred for proceeding in this case to date.” Response at 1, filed 

Apr. 25, 2016. Respondent further stated that her “lack of objection to the amount sought in this 

case should not be construed as an admission, concession, or waiver as to the hourly rates 

requested, the number of hours billed, or the other litigation related costs.” Id.

The undersigned has reviewed the billing records and documentation of costs, and finds 

them reasonable. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 

U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request, the undersigned 

GRANTS the request for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, 

Ronald C. Homer, of Conway Homer & Chin-Caplan, in the amount of 

$45,634.83; and

(2) in the form of a check payable to petitioner only, in the amount of $19.99.

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.

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IT IS SO ORDERED. 

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

 

3 On April 6, 2016, petitioner filed an initial application for attorneys’ fees and costs which 

contained an error in the invoice for petitioner’s life care planner. On April 8, 2016, petitioner filed 

an amended application for attorneys’ fees and costs, reducing the total cost paid for the life care 

planner. 

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

notice renouncing the right to seek review.