1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 2

- 542 V

Filed: April 20 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

W AYNE STRAHAN

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation;

v. * Attorneys’ Fees and Costs ;

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

F ranklin J. Caldwell, Jr.

, M aglio, Chirstopher & Toale

, S arasota, FL

, for petitioner

. M ichael P. Milmoe

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

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On A ugust 27, 2012

, W ayne Strahan (“ 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 an influenza ( “ flu ” ) vaccine on S eptember 1 3 , 201 0

, he developed

G uillain

- Barr é Syndrome ( “ GBS ” )

. Petition at ¶ 1, 3

. On D ecember 23 , 201 4 , the parties filed a

stipulation in which they agreed to an award of compensation to petitioner . On D ecember 24, 201 4

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

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 w ebsite 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 trade secret or commercial or financial in substance and is privileged or

confidential; or (2) that includes medical files or similar files, the disclosu re of which would

constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).

2 The National 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. 375 5, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

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

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

J. Stip., filed D ec

. 24 , 201 4

.

On April 2 0 , 2015

, the parties filed a stipulation concerning attorneys’ fees and costs

. Petitioner requests a total award of attorneys’ fees and costs in the amount of $ 2 1,750

. 00

. Stip. for

Fees and Costs ¶ 3 . Respondent does not object. Id. at ¶ 5

. In accordance wi th General Order #9,

petitioner represents that he did not incur any reimbursab le costs in pursuit of this claim. Id. at ¶

4

.

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,

F ranklin J. Caldwell, Jr. , of M aglio, Christopher & Toale , P.A. , in the amount of

$ 2 1,750.00

.

In t he 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.