In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-39V

Filed: January 15, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

ARNOLD JOHNSON, *

 * Special Master Hamilton-Fieldman

Petitioner, *

 * Decision on Attorneys’ Fees and 

v. * Costs; Reasonable Amount 

 * Requested to Which Respondent 

SECRETARY OF HEALTH * Does Not Object.

AND HUMAN SERVICES, *

 *

Respondent. *

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

Franklin John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.

Linda Sara Renzi, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On January 15, 2013, Arnold Johnson (“Petitioner”) filed a petition pursuant to the 

National Vaccine Injury Compensation Program.

2 42 U.S.C. §§ 300aa-1 to -34 (2006). 

Petitioner alleged that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an 

influenza (“flu”) vaccine administered to him on September 27, 2011. On October 31, 2014, the 

undersigned issued a decision awarding compensation to Petitioner. 

On January 14, 2015, the parties filed a stipulation of fact concerning attorneys’ fees and 

costs. The parties have agreed to an award of $26,000.00 for attorneys’ fees and costs. In 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, 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)). As provided by 

Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any 

information furnished by that party: (1) that is a trade secret or commercial or financial in 

substance and is privileged or confidential; or (2) that includes medical files or similar files, the 

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 

18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National 

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 

42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

1

 
accordance with General Order Number 9, Petitioner’s counsel represents that Petitioner has not 

personally incurred any expenses in pursuit of his claim.

The undersigned finds 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, the undersigned hereby awards the amount of $26,000.00, in the 

form of a check made payable jointly to Petitioner and Petitioner’s counsel, F. John 

Caldwell, of the law firm of Maglio, Christopher & Toale, PA. 

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation.3

IT IS SO ORDERED.

s/ Lisa Hamilton-Fieldman

 Lisa Hamilton-Fieldman

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review.

2