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### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 09

- 653 V

Filed: M arch 21, 2014

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

JASON STITT

, as P ersonal *

Representative of the E state of *

Pamela Wanga Stitt

, * Stipulation; Attorney Fees and Costs

Petitioner, *

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

Respondent. *

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

F

. John Caldwell, Jr.

, Esq., Maglio, Christopher & Toale P A

, Sarasota, FL, for petitioner.

Glenn MacLeod

, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

In this case under the National Vaccine Injury Compensation Program, 2 I issued

a decision on N ovember 15, 2013

, that award ed compensation pursuant to

r espondent ’ s proffer

. On March 1 4, 2014 , the parties filed a stipulation for attorney fees

and costs. The stipulation indicates that after informal discussions regarding petitioner ’ s

draft fee application, petitioner has amended his fee requ est

. R espondent does not

object to the amended amount petitioner is requesting. Additionally, pursuant to

General Order #9, the stipulation notes that petitioner incurred no personal litigation

costs.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post this decision on the United States Co urt of Federal Claims' website, 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))

. In accordance with Vaccine Rule 18(b), petitioner ha s 14 days to identi fy and

move to delete medical or other information, the disclosure of which would constitute an unwarranted

invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will

delete such material from public acc ess.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa

- 10 et seq

. (2006).2

I find that this petition was brought in good faith and that there exist ed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,

pursuant to 42 U.S.C. §§ 300aa

- 15(b) and (e)(1). Further, the proposed amount seems

reasonable and appropriate. Accordingly, I hereby award the total $ 1 42,454.00 3 in

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

record, F . John Caldwell, Jr.

, for petitioner’s attorney fees and costs

.

T he clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/ Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 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, 42 U.S.C. § 300aa

- 15(e)(3) preven ts 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, HHS , 924

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

4 Entry of judgment can be expedited by each party’s filing of a not ice renouncing the right to seek review.

See Vaccine Rule 11(a).