VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_03-vv-02775
Package ID: USCOURTS-cofc-1_03-vv-02775
Petitioner: Luke Gilmore
Filed: 
Decided: 2013-07-30
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
The public decision does not state the theory of causation for the underlying claim of minor Luke Gilmore, filed by parents John and Jennifer Gilmore. The vaccine(s), vaccination date(s), alleged condition, symptom onset, clinical history, and specific reasons for dismissal are not described in this decision, which pertains solely to attorney fees and costs. The case was dismissed by Chief Special Master Denise K. Vowell on July 30, 2013, with judgment entered September 9, 2013. A subsequent stipulation for attorney fees and costs was filed on March 7, 2014. On March 11, 2014, Chief Special Master Vowell awarded $15,301.20 in attorney fees and costs, payable jointly to petitioners John and Jennifer Gilmore and their counsel Robert J. Krakow, finding the petition was brought in good faith with a reasonable basis. No vaccine injury compensation was awarded.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_03-vv-02775-0
Date issued/filed: 2014-04-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/11/2014) regarding 51 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:03-vv-02775-UNJ Document 54 Filed 04/09/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 03-2775V
Filed: March 11, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN GILMORE and *
JENNIFER GILMORE, *
Parents of Luke Gilmore, a minor *
*
Petitioners, *
v. * Stipulation; Attorney Fees and Costs.
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert Krakow, Esq. Law Office of Robert Krakow, P.C., New York, NY for petitioners.
Linda Renzi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision on July 30, 2013, that dismissed this case. Judgment entered September 9,
2013. On March 7, 2014, the parties filed a stipulation for attorney fees and costs. The
stipulation indicates that after informal discussions, petitioners have amended their fee
request to an amount that respondent does not object. Additionally, pursuant to
General Order #9, the stipulation notes that petitioners’ counsel will reimburse
petitioners for any personal litigation costs they incurred.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).
1

Case 1:03-vv-02775-UNJ Document 54 Filed 04/09/14 Page 2 of 2
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate.
Accordingly, I hereby award the total $15,301.203 in the form of a check
payable jointly to petitioners (John and Jennifer Gilmore) and petitioners’ counsel
of record (Robert J. Krakow) for petitioners’ attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2