1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 84 V

Filed: October 7 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

LUANN MORAN

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation;

v. * Attorneys’ Fees and Costs ;

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Diana L. Stadelnikas Sedar

, M aglio Christopher & Toale, PA, Sarasota, FL

, for petitioner

. Voris E. Johnson

, United States Department of Justice, Washington , DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On January 31 , 20 1 3

, Luann Moran (“ 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 as a result of receiving a n influenza (“flu”) vaccine on November 1 4 , 2011

, she developed a

should er injury related to vaccine administration (“SIRVA”)

. Petition at ¶ ¶ 1

, 10.

On July 29, 2014, the parties contacted the undersigned’s chambers and indicated that

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 tra de 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 citati ons in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

they had agreed to settlement terms in this matter. The undersigned ordered respondent to file a

signed stipulation of fact regarding settlement by no later than December 29, 2014. On October

6 , 2014, the parties f

iled a stipul ation of fact regarding attorneys’ fees and costs

. Petitioner

requests a total award of attorneys’ fees and costs in the amount of $ 16,000 .00

. R espondent does

not object

. In accordance wi th General Order #9, petitioner ’ s counsel represents that petitioner

did not personally incur costs in pursuit of this claim

. See General Order #9 Statement

, filed Oct

. 6 , 2014.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §

300 aa

- 15(e). The undersigned finds the stipulation reasonable and adopts it as the decision of

the Court in GRANTING an award of attorneys’ fees and costs

.

Accordingly, an award should be made as follows:

(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,

Diana L. Stade lnikas Seder

, of Maglio Christopher & Toale, P.A. in the amount of

$ 16,000 .00

.

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

the cour t SHALL ENTER JUDGMENT in accordance herewith

. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

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.