In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-453V

Filed: April 8, 2016

Not for Publication

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

ELAINE BRAUNSTEIN, *

 *

Petitioner, * 

 * 

v. *

 *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

 *

 Respondent. *

*

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

Ronald C. Homer, Boston, MA, for petitioner.

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

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1

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 she 

suffered a shoulder injury as a result of her receipt of the influenza (“flu”) vaccine 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 attorneys’ fees in the amount of $12,152.00 and attorneys’ costs in the amount of 

$546.21, for a total amount of $12,698.21. In compliance with General Order #9, petitioner has 

 1Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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). Vaccine Rule 18(b) states 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 constitute 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 object
2

filed a signed statement indicating petitioner incurred no out-of-pocket expenses. 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 requested 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 “other 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, representing reimbursement for attorneys’ fees 

and costs. The award shall be in the form of a check 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.