1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 891 V

Filed: December 8 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

RAY H BAKER, JR.

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation;

v. * Attorneys’ Fees and Costs ;

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Diana L. Stadelnikas Sedar

, Maglio Christopher & Toale, PA

, Sarasota, FL

, for petitioner

. Ryan D. Pyles

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

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On December 19, 2012

, Ray H. Baker, Jr. (“ petitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleged that as a result of receiving a n influenza (“flu”) vaccine on or about October

1 1 , 2011

, he developed brachial plexopathy

. Petition ¶ ¶ 1, 6

. On November 2 5 , 2014, the parties

filed a stipulation in which they agreed to an award of compensation to petition er . On that same

day, the undersigned issued a Decision adopting the parties’ stipulation for an award. See

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims, 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)). As provided by

Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any

information furnished by that party: (1) that is a tra de secret or commercial or financial in

substance and is privileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule

18(b).

2 The Natio nal Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in thi s decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

Decision on J. Stip., filed Nov . 2 5 , 2014.

On December 8 , 2014, the parties filed a stipulation concerning attorneys’ fees and costs

. Petitioner requests a total award of attorneys’ fees in the amount of $2 6 ,500.00. Stipulation at ¶

2. Respondent does not object. Id. In accordance wi th General Order #9, petitioner ’ s counsel

states that petitioner did not personally incur reimbursable costs in pursu it of this claim. Id. at ¶

3

.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §

300 aa

- 15(e). Based on the reasonableness of the parties’ stipulation , the undersigned GRANTS

the request for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Diana

L. Stadelnikas Sedar , of Maglio Christopher & Toale, PA , in the amount of $ 2 6 ,500.00

.

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

the cour t SHALL ENTER JUDGMENT in accordance herewith

. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.