# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1272 V

Filed: September 28, 2016

U NPUBLISHED

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

RICARDO GASCON

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs;

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

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Alison Haskins

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

Justine Walters , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On October 28, 2015

, p etitioner filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 ( the

“Vaccine Act” )

. P etitioner alleges that she suffered Guillain

- Barré Syndrome (“GBS”)

casually related to the influenza and tetanus, diphtheria, acellular pertussis (“Tdap”)

vaccine s she received on December 30, 2014. Petition at ¶¶ 1, 6, 11

. On August 2,

2016

, the undersigned issued a decision awarding compensation to petitioner based on

the parties ’ stipulation

. (ECF No. 24 ).

On September 22, 2016

, petitioner filed a motion for attorneys’ fees and costs.

(ECF No. 28 ). Petitioner requests attorneys’ fees in the amount of $ 1 8,845.20 and

attorneys’ costs in the amount of $ 667.22 for a total amount of $ 1 9,512.42 . Id. at ¶¶ 2

-

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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

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 undersigne d 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

3 , 8

. In accordance with General Order #9, petitioner’s counsel represents that

petitioner incurred no out

- of

- pocket expenses

. Id. at ¶ 4.

On September 22, 2016

, respondent filed a response stating respo ndent has no

objection to petitioner’s motion. (ECF No. 29 ).

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 mo tion for attorneys’ fees and

costs.

Accordingly , the undersigned award s the total of $ 1 9,512.42 3 as a lump

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

A lison Haskins

. Pe r petitioner’s request, the award for attorney’s fees and costs shall

be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota

Flor ida 34236 which is the address of record for petitioner’s counsel. Id. at ¶ 8

.

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

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3 This amount is intended to c over 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 f ees (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).

4 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.