In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-666V 

Filed: February 2, 2017 

Not for Publication 

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

GWENDOLYN MURPHY, * 

* 

 Petitioner, * 

 * 

v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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Ed Kraus, Chicago, IL, for petitioner. 

Alexis B. Babcock, Washington, DC, for respondent. 

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS’ FEES AND COSTS1

On October 3, 2012, petitioner filed a petition under the National Childhood Vaccine 

Injury Act, 42 U.S.C. §§ 300aa-10–34 (2012) (“Vaccine Act”) alleging that she suffered a 

neurological demyelinating injury as a result of an influenza (“flu”) vaccine she received on 

October 15, 2009. On August 22, 2014, upon the withdrawal of petitioner’s previous counsel, the 

undersigned issued a decision awarding petitioner $13,102.63 in interim attorneys’ fees and costs. 

On January 24, 2017, the undersigned issued a decision awarding compensation to petitioner based 

on the parties’ stipulation. 

 

1

 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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

 On February 2, 2017, petitioner filed an unopposed motion for final attorneys’ fees and 

costs. Petitioner requests $30,974.77 in attorneys’ fees and $17,025.23 in costs for a total of 

$48,000.00. In compliance with General Order #9, petitioner’s counsel states that petitioner 

incurred no out-of-pocket expenses in pursuit of her claim. 

 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 from 

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

Accordingly, the undersigned awards the total amount of $48,000.00, as a lump sum in 

the form of a check payable jointly to petitioner and the Law Offices of Chicago-Kent. 

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: February 2, 2017 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.