In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0314V 

(not to be published)

GERALD KIEL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran

Filed: February 25, 2020

Special Processing Unit (SPU); 

Attorney’s Fees and Costs

Scott William Rooney, Nemes Rooney, P.C., Farmington Hills, MI, for Petitioner.

Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

On March 1, 2018, Gerald Kiel 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 suffered a left shoulder injury caused by the influenza 

vaccination on October 23, 2015. (Petition at ¶¶ 4, 17). On February 10, 2020, a decision 

was issued awarding compensation to Petitioner based on the parties’ stipulation. (ECF 

No. 73). 

 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). This means the Decision 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

Petitioner has now filed a motion for attorney’s fees and costs, dated January 24, 

2020, (ECF No. 69), requesting a total award of $12,268.67(representing $11,614.00 in 

fees and $654.67 in costs). In accordance with General Order #9, counsel for Petitioner

represents that Petitioner incurred out-of-pocket expenses in the amount of $451.86. (Id. 

at 1.) Respondent reacted to the motion on January 27, 2020 indicating that he is satisfied 

that the statutory requirements for an award of attorney’s fees and costs are met in this 

case and defers to the Court’s discretion to determine the amount to be awarded. (ECF 

No. 70). Petitioner did not file a reply thereafter. 

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 costs. § 

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

follows:

• A lump sum of $12,268.97, representing reimbursement for 

attorneys’ fees and costs, in the form of a check payable jointly to 

Petitioner and Petitioner’s counsel and 

• A lump sum of $451.86, representing reimbursement for Petitioner’s 

costs, in the form of a check payable to Petitioner.

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.