# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 453 V

Filed: April 8, 2016

Not for Publication

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ELAINE BRAUNSTEIN

, *

*

Petitioner, *

*

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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Ronald C. Homer

, Boston

, MA, for petitioner.

Linda S. Renzi , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS ’ FEES AND COSTS 1

On May 4, 2015

, petitioner filed a petition for compensation under the National

Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa

- 10

– 34 (2012)

. Petitioner alleged that s he

suffered a shoulder injury as a result of her receipt of the influenza (“fl u”) va ccine on October

29, 2013

. On November 24, 2015

, the undersigned issued a decision awarding compensation to

petitioner based on the parties’ stipulation

.

On March 31 , 2016, petitioner filed a motion for attorneys’ fees and costs. Petitioner

requests a t torneys’ fees in the amount of $ 12,152.00 and att orneys’ costs in the amount of

$546.21

, for a total amount of $ 12,698.21

. In compliance with General Order #9, petitioner has

1 Because this unpublished decision contains a reasoned explanation f or the special master’s action in this

case, the special master intends t o post this unpublished decision on the United States Court of Federal

Claims’ website, in accordance w ith the E

- Government Act of 2002

, 44 U.S.C. § 3501 note (2012)

(Federal Management and Promotion of Electronic Government Services) . Vaccine Rule 18(b) s tates that

all decisions of the special masters will be made available to the public unless they contain trade secrets

or commercial or financial information that is privileged and confidential, or medical or similar

information whose disclosure would cons titute a clearly unwarranted invasion of privacy. When such a

decision is filed, petitioner has 14 days to identify and move to redact such information prior to the

document = s disclosure. If the special master, upon review, agrees that the identified material fits within

the banned categories listed above, the special master shall redact such material from public access. Attorneys’ fees and costs decision;

respondent does not object2 filed a signed statement indicating petitioner incur red no out

- of

- pocket expens es. On April 8,

2016, respondent filed a response to petitioner’s application for attorneys’ fees and costs,

explaining that she does not object to the amount reque sted by petitioner, but that her response

“should not be construed as an admission, concession, or waiver by respondent to matters raised

by petitioner’s request for attorneys’ fees and costs.” Resp. at 1 n.1.

The Vaccine Act permits an award of “reasonable attorneys’ fees” and “othe r costs.”

42 U.S.C. § 300aa

- 15(e)(1)

. 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. The undersigned awards $12,698.21

, represent ing reimbursement for attorneys’ fees

and costs. The award shall be in the form of a chec k made payable jointly to petitioner and

Conway, Homer & Chin

- Caplan, P.C. in the amount of $12,698.21

.

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

the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: April 8, 2016 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek review.