In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-1272V

Filed: September 28, 2016

UNPUBLISHED

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

RICARDO GASCON, *

*

Petitioner, *

v. *

* Attorneys’ 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 ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

On October 28, 2015, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

(the 

“Vaccine Act”). Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) 

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

vaccines 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 $18,845.20 and 

attorneys’ costs in the amount of $667.22 for a total amount of $19,512.42. 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 with 

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 undersigned 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 subparagraph 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 respondent 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 motion for attorneys’ fees and 

costs.

Accordingly, the undersigned awards the total of $19,512.423 as a lump 

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

Alison Haskins. Per 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 

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

The 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 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, § 15(e)(3) prevents 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 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.