# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 39 V

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* * * * * * * * * * * * * * * * UNPUBLISHED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 P etitioner

. Linda Sara Renzi

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On January 15 , 2013

, Arnold Johnson (“ P etitioner ”) 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 administ ered 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 ag reed 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 wit h 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 furnish ed 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 o f 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 Ac t or the Act). All citations in this decision to

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

1accordance with General O rder 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 seem s reasonable and

appropriate. Accordingly, the unders igned hereby awards the amount of $ 26 ,000.00 , in the

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

Caldwell

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

.

In the absence of a motion for review filed pursuant to RCFC Ap pendix 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