In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-1246VV 

Filed: May 25, 2017 

UNPUBLISHED 

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

STEVEN TOTTEN, * 

 * 

 Petitioner, * 

v. * 

 * Attorneys’ Fees and Costs; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Diana Stadelnikas, Maglio, Christopher and Toale, PA (FL), Sarasota, FL, for petitioner. 

Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master: 

 

 On October 26, 2015, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

 (the 

“Vaccine Act. Petitioner alleged that he suffered Guillain-Barré Syndrome (“GBS”) 

casually related to the influenza vaccination he received on November 16, 2012. 

Petition at ¶¶ 1-5. On May 9, 2017, the undersigned issued a decision awarding 

compensation to petitioner based on the parties’ stipulation. (ECF No. 37).

 On May 24, 2017, petitioner filed an unopposed motion for attorneys’ fees and 

costs. Petitioner’s Unopposed Motion for Attorneys’ Fees and Costs (“Pet. Motion”) 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access. 

2

 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2 

(ECF No. 41).3 Petitioner requests attorneys’ fees in the amount of $20,330.50 and 

attorneys’ costs in the amount of $1,908.70 for a total amount of $22,239.20. Id. at ¶¶

2-3, 6. In compliance with General Order #9, petitioner has filed a signed statement 

indicating petitioner incurred no out-of-pocket expenses. See Exhibit 20, filed as part of 

Pet. Motion. Furthermore, in accordance with General Order #9, petitioner’s counsel 

represents that petitioner incurred no out-of-pocket expenses. Pet. Motion at ¶ 4. 

 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 

§ 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition 

from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and 

costs. 

Accordingly, the undersigned awards the total of $22,239.204 as a lump 

sum in the form of a check jointly payable to petitioner and petitioner’s counsel 

Diana Stadelnikas. Per petitioner’s request, the check shall be forwarded to 

Maglio, Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota, FL 34236.

 The clerk of the court shall enter judgment in accordance herewith.5

IT IS SO ORDERED. 

s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3

 The motion was filed as an unopposed motion and specifically states that respondent has no objection 

to petitioner’s request. Pet. Motion at ¶ 5. The motion specifically states, however, that respondent’s 

“lack of objection should not be construed as an admission, concession, or waiver as to any of the 

matters raised by petitioner’s request for attorneys’ fees and costs, including but not limited to the hourly 

rates requested, the number of hours billed, or the other litigation related costs.” Id. 

 

4

 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, § 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 of Health & Human Servs.,

924 F.2d 1029 (Fed. Cir.1991). 

5

 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.