Luke Gilmore v. HHS - other (2013)

John Gilmore and Jennifer Gilmore, as parents of their minor child Luke Gilmore, filed a petition under the National Vaccine Injury Compensation Program. The Chief Special Master, Denise K.

Vowell, issued a decision on July 30, 2013, dismissing the case, with judgment entered on September 9, 2013. Subsequently, on March 7, 2014, the parties filed a stipulation for attorney fees and costs.

This stipulation followed informal discussions where the petitioners amended their fee request to an amount the respondent did not oppose. The stipulation also stated that petitioners' counsel would reimburse the petitioners for any personal litigation costs incurred.

On March 11, 2014, Chief Special Master Vowell issued a decision on attorney fees and costs. She found that the petition had been brought in good faith and with a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1).

The proposed fee amount was deemed reasonable and appropriate. Accordingly, Chief Special Master Vowell awarded a total of $15,301.20 in attorney fees and costs.

This amount was to be paid by check jointly to the petitioners, John and Jennifer Gilmore, and their counsel, Robert J. Krakow.

The decision noted that this award was intended to cover all legal expenses, including advanced costs and fees for legal services, and that counsel was prohibited from charging additional fees or costs beyond the awarded amount. The public decision does not describe the specific vaccine(s) administered, the vaccination date(s), the alleged injury or condition, symptom onset, clinical history, or the specific reasons for the underlying case dismissal.

The award was solely for attorney fees and costs, not for vaccine injury compensation.