# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -1204V (not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * FREDERICK STAHL, * * Special Master Corcoran * Petitioner, * Filed: July 10

, 2017 *

v. * Decision; Attorney’s Fees and Costs ; * Influenza (“flu”) Vaccine; Tetanus- * Diphtheria- acellular pertussis (“Tdap”); SECRETARY OF HEALTH AND * Bell’s Palsy. HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * *

Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL

, for Petitioner

.

C hristine M. Becer

, U.S. Dep’t of Justice, Washington, DC, for Respondent.

ATTORNEY ’S FEES AND COSTS DECISION 1

On September 27, 2016, Frederick Stahl filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”)

. 2 Petitioner alleg ed that he suffered from Bell’s palsy as a result of h is November 12, 2015 , receipt of the influenza (“flu”) and Tetanus-diphtheria-acellular- pertussis (“Tdap”) vaccines. The parties filed a stipulation for damages on June 28, 2017 (ECF No. 16), which I adopted by decision that same day. ECF No. 17

.

1 Although this Ruling has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the ruling will be available to anyone with access to the internet . As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourtee n 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). Otherwise, the Ruling in its present form will be available. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (20 12) (“Vaccine Act” or “the Act”)

.2

Petitioner has now filed a motion requesting final attorney’s fees and costs , dated July 7

, 2017

. See ECF No . 20 . Petitioner requests reimbursement of attorney’s fees and costs in the combined amount of $ 15

, 759

. 26 (representing $15,156.40 in attorney’s fees, plus $ 608.86 in costs). Id

. Petitioner stated in his motion that Respondent has no objection to the overall amount sought by Petitioner. Id

. In accordance with General Order No. 9, Petitioner also represent ed that he did not incur any personal litigation expenses in conjunction with this proceeding.

I approve the requested amount for attorney’s fees and costs as rea sonable. Accordingly, an award of $15,759.26 should be made in the form of a check payable jointly to Petitioner and
P etitioner’s counsel, Alison H. Haskins , Esq . of Maglio, Christopher, and Toale . Payment of this

amount represents all attorney’s fees and costs available under 42 U.S.C. § 300aa

- 15(e). In the absence of a motion for review filed pursuant to RCF C Appendix B, the clerk of the C ourt SHALL ENTER JUDGMENT in accordance with the terms of Petitioner’s motion

. 3



### IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.