# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

PATTY FERRARO, on * No. 14

- 770V

b ehalf of A.F., a minor child, * Special Master Christian J. Moran

*

Petitioner, *

* Filed: October 8 , 2015

v. *

* Attorneys’ fees and costs; award

SECRETARY OF HEALTH * in the amount to which

AND HUMAN SERVICES, * respondent does not object.

*

Respondent. *

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

Anne C. Toale

, Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner;

Debra A. Filteau Begley , U .S. Dep’t of Justice, Washington, DC, for respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On October 7, 2015 , respondent filed a stipulation of fact concerning final

attorneys’ fees and costs in the above

- captioned matter. Previously, petitioner

informally submitted a draft application for attorneys’ fees and costs to respondent

for review. Upon review of peti tioner’s application, respondent raised objections

to certain items. Based on subsequent discussions, petitioner amended her

application to request $ 4,000.00 , an amount to which respondent does not object.

The Court awards this amount.

On August 22, 20 14

, Patty Ferraro filed a petition for compensation , on

behalf of her child, A.F., alleging that the human papillomavirus vaccine , which

she received on January 24, 2013 , caused her to suffer vision loss and headaches

.

1 T he E

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

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medical inf ormation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.2

The information in the record, howev er, did not show entitlement to an award

under the Program. Decision

, issued July 14, 2015

.

Even though compensation was denied, a petitioner who brings her petition

in good faith and who has a reasonable basis for the petition may be awarded

attorneys’ fees and costs. See 42 U.S.C. § 300aa

– 15(e)(1). Here, counsel for

petitioner gathered and filed medical records, and obtained reports from experts,

and moved for a decision on the record when further investigation revealed that

petitioner was unlikely t o prove her case. Thus, because petitioner’s counsel acted

in good faith and because there was a reasonable basis for proceeding, petitioner is

eligible for an award of attorneys’ fees and co sts. Respondent does not contend

that petitioner failed to sati sfy these criteria.

Ms. Ferraro seeks a total of $ 4,000.00 in attorneys’ fees and costs for her

counsel. Additionally, in compliance with General Order No. 9, petitioner has

filed a statement indicating that while represented by Maglio, Christopher, &

Toale, PA Law Firm, she did not incur costs related to the litigation of this matter.

Respondent has no objection to the amount requested for attorneys’ fees and costs.

After reviewing the request, the Court awards the following:

A lump sum of $ 4,000.00

, in the form of a check made payable to

petitioner and petitioner’s attorney, Anne Toale, of the law firm of

Maglio, Christopher & Toale , for attorneys’ fees and other litigation

costs available under 42 U.S.C. § 300aa

- 15(e).

The Court thanks the parties for their cooperative efforts in resolving this

matter. The Clerk shall enter judgment accordingly.

Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357

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63 6 0

.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master