In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 13-992V 

(Not to be published) 

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

 * 

DONALD MEMMO, * 

 * Filed: September 4, 2014 

 Petitioner, * 

 * Decision by Stipulation; Attorney’s 

 v. * Fees & Costs 

 * 

SECRETARY OF HEALTH AND * 

HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Thomas P. Gallagher, NJ, for Petitioner. 

Althea Walker Davis, U.S. Dep’t of Justice, Washington, D.C., for Respondent. 

ATTORNEYS’ FEES AND COSTS DECISION1

On December 16, 2013, Donald Memmo filed a petition seeking compensation under the 

National Vaccine Injury Compensation Program (Athe Vaccine Program@). On July 31, 2014, the 

parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a 

decision finding the parties’ stipulation to be reasonable and granting Petitioner the award 

outlined by the stipulation. 

 

1

 Because this decision contains a reasoned explanation for my action in this case, I will post this 

decision on the United States Court of Federal Claims’ website, in accordance with the EGovernment 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 42 U.S.C. § 300aa-12(d)(4)(B), 

however, the parties may object to the posted decision’s inclusion of certain kinds of confidential 

information. Specifically, under 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). Otherwise, the whole decision will be available to the 

public. (Id.) 
On September 3, 2014, counsel for both parties filed another joint stipulation, this time 

regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should 

receive a lump sum of $23,205.59, in the form of a check payable to Petitioner and Petitioner’s 

counsel. Additionally, the parties have stipulated that Petitioner should receive a lump sum of 

$200.00, in the form of a check payable to Petitioner. These amounts represent sums to which 

Respondent does not object. 

I approve the requested amount for attorneys’ fees and costs as well as the requested 

amount for Petitioner’s out-of-pocket expenses as reasonable. Accordingly, an award of 

$23,205.59 should be made in the form of a check payable jointly to Petitioner and Petitioner’s 

counsel, Thomas P. Gallagher, Esq.; and an award of $200.00 should be made in the form of a 

check payable to Petitioner. 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.2

IT IS SO ORDERED. 

 /s/ Brian H. Corcoran

 Brian H. Corcoran 

 Special Master 

 

2

 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint 

notice renouncing their right to seek review.