# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

DEMETRICE BELL

- O'NEAL

, * on behalf of A.O., a minor child

, *

* No. 13

- 835V Petitioner, * Special Master Christian J. Moran

*

v. * Filed: April 4 , 2017

*

SECRETARY OF H EALTH * Attorneys’ fees and costs
AND HUMAN SERVICES, *

* Respondent. *

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

Diana L. Stadelnikas , Maglio Christopher and Toale, PA, Saras ota, FL, for Petitioner; Claudia B. Gangi , U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On January 4, 2017

, petitioner move d for $ 76,333.73 in final attorneys’ fees

and costs in the above

- captioned matter. The Court awards petitioner’s total

request.

On October 25, 2013, Demetrice Bell

- O’Neal filed a petition on behalf of A.O., a minor child, under the National Vaccine Injury Compensation Program, 42
U.S.C. §§300aa

- 10 through 34 (2012) , a lleging that the flu mist influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),

and which was received on January 11, 2012 , caus ing Guillain Barre Syndrome

.

1 The E

- Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), 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 information 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 undersigned issued a de cision awarding compensation t o A.O. based on the parties’ stipulation. Decision

, 201 5 WL 13092166 (November 30 , 201 5 )

.

Because A.O. received compensation, s he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa

- 15(e)

.

The Federal Circuit has approved the lodestar approach to determine reasonable attorneys’ fees and costs under the Vaccine Act. This is a two

- step

process. Avera v. Sec’y of Health & Human Servs. , 515 F.3d 1343, 1348 (Fed. Cir. 2008). First, a court det ermines an “initial estimate . . . by ‘multiplying the number of hours reasonably expended on the litigation times a reasonable hourly

rate.’” Id. at 1347

- 48 (quoting Blum v. Stenson , 465 U.S. 886, 888 (1984)). Second, the court may make an upward or dow n ward departure from the initial calculation of the fee award based on specific findings. I d. at 1348.

* * *

Petitioner seek s a total of $ 76,333.73 ( $ 51,848.30 in attorneys’ fees ($43,987.80 + 7,860.50)

, and $2 4,4 85

. 4 3 in attorney costs ($7.50 + $14,453.93 + $10,024.00)) for her counsel. I n compl iance with General Order No. 9, petitioner

states that s he advanced no monies for reim bursable costs in pursuit of his claim. For hourly rates, petitioner’s counsel , Ms

. Stadelnikas proposed $ 300 per hour for

201 3, 2014, and 2015, and $3 59 per hour for 2016

. The s e rate s are reasonable and

have previously been awarded

. See Perez v. Sec’y of Health & Human Servs.

, No.

1 0

- 659 V

, 2016 WL 8077957 (Fed. Cl. Spec. Mstr. Dec

. 30 , 2016); Dezern v. Sec’y

of Health & Human Servs. , No. 1 3

- 643V

, 2016 WL 6678496, at *4 (Fed. Cl. Spec.

Mstr. Oct. 14 , 2016)

.

The second factor in the lodestar formula is a reasonable number of hours. Reasonable hours are not excessive, redundant, or otherwise unnecessary. See Saxton v. Sec’y of Health & Human Servs. , 3 F.3d 1517, 1521 (Fed. Cir. 1993). The Secretary also did not directly challenge any of the requested hours as

unreasonable.

In light of the Secretary’s lack of objectio n, the undersigned has reviewed the fee application for its reasonableness. See Shea v. Secʼy of Health & Human

Servs ., No. 13

- 737V, 2015 WL 9594109, at *2 (Fed. Cl. Spec. Mstr. Dec. 10, 2015) (“special masters are not obligated to evaluat e an attorney’s billing records

on a line

- by

- lin e basis in making the reasona bleness determination . . . and certainly need not do so when Respondent has not attempted to highlight any3

specific alleged inefficiencies”). The hours that Demetrice Bell

- O’Neal ’s counsel

worked are reasonable

. See also Anderson v. Sec’y of Health & Human Servs.

, No. 14

- 879V

, 2016 WL 4169107 (Fed. Cl. Spec. Mstr. Jun. 28, 201 6).

In addition to seeking attorneys’ fees, Demetrice Bell

- O’Neal seeks an

award of costs for her coun sel. All costs are reasonable, documented, an d are

awarded in full.

After reviewing the request, the Court awards the following:

a. A lump sum of $ 58

, 441

. 73 in the form of a check made payable to petitioner and petitioner ’s attorney, Diana Stadelnikas

, of Maglio Christopher and Toale, PA

, for attorneys’ fees and other litigation costs available under 42 U.S.C. § 300aa

- 15(e).

b. A lump sum of $7,868.00 in the form of a check made payable to petitioner and Adams, Hemingway & Wilson, L.L.P. for guardianship attorneys’ fees and other litigation cost s available

under 42 U.S.C. § 300aa

- 15(e).

c. A lump sum of $10,024.00 in the form of a check made payable to petitioner and McNeal Agency, Inc. for conservatorship

costs under 42 U.S.C. § 300aa

- 15(e).

In the absence of a motion for review filed pursuant t o RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith. 2

IT IS SO ORDERED

.

S /Christian J. Moran

Christian J. Moran Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment ca n be expedited by the parties’ joint filing of notice renouncing the right to seek review.