# In the United States Court of Federal Claims

O FFICE OF 

### S PECIAL 

### M ASTERS

No. 11

- 368 V

Filed: April 11, 2013

************************************* NOT TO BE PUBLISHED

JUDITH ADLER

, *

* Special Master Zane

*

* Stipulation; attorneys’ fees and costs

Petitioner, *

*

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Diana Lynn Stadelnikas

, Maglio Christopher and Toale

, Sarasota, FL , for Petitioner;

Glenn Alexander MacLeod , United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1

On April 1 1 , 2013, the parties in the above

- captioned case filed a Stipulation of

A ttorneys’ Fees and Costs (Stipulation) memorializing their agreement as to the appropriate

amount of attorn eys’ fees and costs in this case. Petitioner requests a total award of $ 2 3 ,500.00

, to which Respondent does not object . Petitioner’s counsel represents that Petitioner has not

1 Because this decision contains a reasoned explanation for the Special Master’s action in this

case, the Special Master intends to post it 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, 113 Stat. 2899,

2913 (Dec. 17, 2002). All decisions of the Special Master will be made available to the public

unless they contain trade secret or commercial or financial information that is privileged and

confidential, or medical or similar information the disclosure of which would clearly be an

unwarranted invasion of privacy. When such a decision or designated substantive order is filed,

a party has 14 days to identify and to move to redact such information before the document’s

disclosur e. If the Special Master, upon review, agrees that the identified material fits within the

banned categories listed above, the Special Master shall redact such material from public access.

42 U.S.C. § 300aa

- 12(d)(4); Vaccine Rule 18(b). In the absence of a motion or should the

Special Master disagree with the proposed redactions, the decision shall be disclosed in its

entirety.incurred personal litigation costs. In accordance with 42 U.S.C. § 300aa

- 15(e), the undersigned

awards the amount to which Respondent does not object.

Petitioner, Judith Adler , alleged that she suffered from Guillain

- Barre Syndrome (“GBS”)

as a consequence of her receipt of the influenza (“flu”) vaccine, which is a vacc ine contained in

the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which she received on or about September

29, 2010. Petitioner allege d that she experienced the residual effects of this injury for more than

six months. A decision awarding compensation based upon the parties’ stipulation was entered

on March 27, 2013

.

Although Respondent did not concede the claim, the parties, nonetheless, settled the

matter, and an award of compensation was made. Because Petitioner has been awarded

compensation, Petit ioner is entitled to an award of reasonable attorneys’ fees and costs. 42

U.S.C. § 300aa

- 15(e). The undersigned also finds that the stipulated amount of $23,500.00

, in

attorneys’ fees and costs is reasonable based on the stage at which this matter was se ttled. Based

on the request’s reasonableness and pursuant to Vaccine Rule 13, the undersigned GRANTS the

parties’ request as outlined in the Stipulation. The judgment shall reflect that Petitioner is

awarded attorneys’ fees and costs as follows:

in a check made payable jointly to Judith Adler , Petitioner, and Petitioner’s counsel

( Diana Lynn Stadelnikas , of the Maglio Christopher and Toale ), the amount of

$23,500.00

. The check should be forwarded to Petitioner’s counsel at 1605 Main

Street, Suite 7 10, Sarasota, FL 34236.

The court thanks the parties for their cooperative efforts in resolving this matter. In the

absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to

enter judgment accordingly. 2

IT IS SO ORDE RED.

s/ Daria Zane

Daria J. Zane

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing

a notice renouncing the righ t to seek review by a United States Court of Federal Claims judge.