# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1240 V

Filed: October 20, 2016

Not for Publication

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ALFRED MCDANIEL

, *

*

Petitioner, *

*

v. *

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SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

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Respondent. *

*

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Glynn W. Gilcrease, Jr. , Tempe, AZ, for petitioner.

Michael P. Milmoe , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1

On December 29, 2014

, petitioner filed a petition under the National Childhood Vaccine

Injury Act, 42 U.S.C. §§ 300aa

- 10

– 34 (2012) (“Vaccine Act”) alleging that he suffered Guillain

Barré syndrome as a result of his receipt of influenza v accine on October 11, 2013

. On January

4 , 2016, th e undersigned issued a decision awarding comp ensation to petitioner based on the

parties’ stipulation.

On October 13 , 2016 , petitioner filed a motion for attorneys’ fees and costs. Petitioner

requests $ 5,450.00 in at torneys’ fees and $ 5,533.46 in costs for a total request of $ 10,983.46

. On

October 20, 2016, respondent filed a response to petitioner’s motion for attorneys’ fees and

1 Because this unpublished decision contains a reasoned explanation f or the special master’s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal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 w ith the E

- Government Act of 2002

, 44 U.S.C. § 3501 note (2012)

(Federal Management and Promotion of Electronic Governme nt 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

infor mation 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 revi ew, 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 costs. In her response, respondent explains that she does not object to the overall amount sought

by petitioner. Resp. at 1. She further explains that her “lack of objection . . . should not be

construed as an admission, concession, or waiver as to the hourly rates requested, the number of

hours billed, or the other litigati on related costs.” Id.

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 and the lack of opposition, the

undersigned GRANTS petitioner’s application for attorneys’ fees and costs.

Accordingly , the undersigned awards the total amount of $10,983.46

, as a lump sum

in the form of a check payable jointly to petitioner and Law Office of Glynn W. Gilcrease, Jr.,

PC

.

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

the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: October 20, 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.