# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-992V (Not to be published)

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* DONALD MEMMO, * * Filed: September 4, 2014 Petitioner, * * Decision by Stipulation; Attorney’s

v. * Fees & Costs

*

SECRETARY OF HEALTH AND * HUMAN SERVICES, *

* Respondent. *

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Thomas P. Gallagher , NJ, for Petitioner.

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

ATTORNEYS’ FEES AND COSTS DECISION 1

On December 16, 2013, Donald Memmo filed a petition seeking co mpensation under the National Vaccine Injury Compensation Program ( A the Vaccine Program @ ). On July 31, 2014, the parties filed a stipulation detaili ng an amount to be awarded to Petit ioner. 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 explana tion for my action in this case, I will post thisdecision 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 decisi on’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). Otherwis e, 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 Pe titioner’s counsel should receive a lump sum of $23,205.59, in the form of a check payable to Peti tioner 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 Petitio ner. 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-poc ket expenses as reasonable . Accordingly, an award of $23,205.59 should be made in the form of a check pa yable jointly to Petitioner and Petitioner’s counsel, Thomas P. Gallagher, Esq.; and an awar d 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 ri ght to seek review.