# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 570 V

Filed: March 2, 2015

Not for P ublication

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

BARBARA KEIL, *

as Personal Representative of the Estate of *

MARK DENEEN, Decedent, *

*

Petitioner

, * Attorneys’ fees and costs decision b ased on

* s tipulation of f

act

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Isaiah R. Kalinowski

, Washington, DC

, for petitioner.

Justine E

. Walters , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING ATTORNEYS ’ FEES AND COSTS 1

On March 2, 2015 , the parties filed a stipulation of fact in which they agreed on an

appropriate amount for attorneys’ fees and costs in this case

.

Petitioner submitted her request for attorneys’ fees and costs to respondent. During

informal discussions, respondent ra ised objections t o certain aspects of petitioner’ s application

.

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special master s will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly

unwarranted invasion of priva cy. When such a decision is filed, petitioner has 14 days to identify and

move to redact such information prior to the document = s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

redact such material from public access.2

Based on these objections, petitioner amend s her appli cation for attor ne ys’ fees and costs to

request $ 3 4,4 40.73

. Respondent does not object to this amount. The undersigned finds this

amount to be reasonable. Accordingly, the court awards :

a. $ 30 ,26 0.49 , representing reimbursement for attorneys’ fees and costs incurred by

petitioner ’ s Vaccine Program counsel

. The award shall be in the form of a chec k

payable jointly to petitioner and M aglio, Christopher, & Toale, P.A. ;

b. $3,694.24 , representing reimbursement for attorneys ’ fees and costs incurred by E state

attorneys, Tarrant & Liska, P.L.L.C. The award shall be in the form of a check

payable joint ly to petitioner and Tarrant & Liska, P.L.L.C. , 1539 Grand Avenue, S aint

Paul, Minne sota 55105

- 2229 ; and

c. $486.00 , representing reimbursement for costs incurred by Mr. Magio Madjerec to

arrange for the creation of the Estate. The award shall be in the form of a check

payable to petitioner as legal representative of the Estate of Mark Deneen. Petitio ner

agrees to reimburse Mr. Magio Madjerec, 5 23 Jackson Street, Apartment 35 , Saint

Paul, Minnesota 55101

- 24 67, the full amount of $486.00.

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

court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: March 2, 2015 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek review.