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 HEALTH * Attorneys’ fees and costs

AND HUMAN SERVICES, *

*

Respondent. *

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

Diana L. Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for 

Petitioner;

Claudia B. Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON FEES AND COSTS1

On January 4, 2017, petitioner moved 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), alleging 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, causing 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 decision awarding compensation to A.O. based on the 

parties’ stipulation. Decision, 2015 WL 13092166 (November 30, 2015).

Because A.O. received compensation, she 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 determines 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 downward departure from the initial 

calculation of the fee award based on specific findings. Id. at 1348.

* * *

Petitioner seeks a total of $76,333.73 ($51,848.30 in attorneys’ fees

($43,987.80 + 7,860.50), and $24,485.43 in attorney costs ($7.50 + $14,453.93 + 

$10,024.00)) for her counsel. In compliance with General Order No. 9, petitioner 

states that she advanced no monies for reimbursable costs in pursuit of his claim. 

For hourly rates, petitioner’s counsel, Ms. Stadelnikas proposed $300 per hour for 

2013, 2014, and 2015, and $359 per hour for 2016. These rates are reasonable and 

have previously been awarded. See Perez v. Sec’y of Health & Human Servs., No. 

10-659V, 2016 WL 8077957 (Fed. Cl. Spec. Mstr. Dec. 30, 2016); Dezern v. Sec’y 

of Health & Human Servs., No. 13-643V, 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 objection, 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 evaluate an attorney’s billing records 

on a line-by-line basis in making the reasonableness determination . . . and 

certainly need not do so when Respondent has not attempted to highlight any 
3

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, 2016).

In addition to seeking attorneys’ fees, Demetrice Bell-O’Neal seeks an 

award of costs for her counsel. All costs are reasonable, documented, and 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 costs 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 to 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 can be expedited by the parties’ joint filing 

of notice renouncing the right to seek review.