# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0 206 V

Filed: October 13, 2015

U NPUBLISHED

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

CARIN ING

- MARIE MALKIN

, *

*

Petitioner, *

v. *

* Attorney s’ Fees and Costs; Stipulation

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES

, *

*

Respondent. *

*

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

Diana L. Sedar

, Maglio Christopher and Toale, Sarasota, FL

, for petitioner.

Ann D. Martin , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY S’ FEES AND COSTS 1

Dorsey

, Chief Special Master:

On March 2 , 2015

, Carin Ing

- Marie Malkin ( “ 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” )

. The petition allege d that as a result of a n

Influenza (“ flu ”) vaccination on September 30, 2013

, petitioner suffered a shoulder injury

rel ated to vaccine administration (“SIRVA”). On June 30, 2015

, the undersigned issued

a decision awarding compensation to petitioner based on respondent ’ s proffer

.

On October 13, 2015 , the parties filed a Stipulation of Fact Concerning Attorneys’

Fees and Costs. According to the stipulation, the parties stipulate to a n award of

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intend s to post this decision on the United States Court of Federal Claims' website, in

accordance with the E

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

- 347, § 205, 116 Stat. 2899, 2913

(codified as amende d at 44 U.S.C. § 3501 note (2012 ))

. In accordance with Vacci ne Rule 18(b),

petitioner s ha ve 14 day s 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 agree s that

the identified material fits wit hi n this definition, that material will be removed 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2 $ 9 ,049.05

. In accordance with General Order #9, petitioner filed a statement that sh e

incurred no out

- of

- pocket expenses related to the litigation of this matter

.

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 petitioner’s request and the

lack of any objection by respondent, the undersigned GRANTS the request for ap proval

and payment of attorneys ’ fees and costs.

Accordingly , the undersigned award s the total of $ 9 ,049.05 3 as a lump sum

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

L. Stadelnikas Sedar

.

T he 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 c over all legal expenses incurred in this matter. This award encompasses all

char ges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.

Furthermore, 42 U.S.C. § 300aa

- 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, HHS , 924

F.2d 1029 (Fed. Cir.1991).

4 Entry of judgment can be ex pedited by each party’s filing of a notice renouncing the right to seek review.

See Vaccine Rule 11(a).