# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 181 V

Filed: January 2 3 , 2015

* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED

JACQU ELINE CARNEY, *

* Special Master Hamilton

- Fieldman

Petitioner, *

v. * Attorneys’ Fees and Costs; Reasonable Amount

* Requested to which Respondent Does Not

SECRETARY OF HEALTH * Object.

AND HUMAN SERVICES, *

*

Respondent. *

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

Danielle Strait , Maglio, C hristopher & Toale

, PA, Washington, D C , for Petitioner.

Ryan Pyles , United Sta tes Department of Justice, Washington, DC, for Respondent.

DECISION 1

On March 8 , 2013

, Jacqueline Carney (“ P etitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner alleged that s he

suffered from hearing loss, dizziness, and balance problems as a result of an influenza (“flu”) vaccine

administ ered to her on September 27 , 2011

. On December 16, 2014, the undersigned issued a d ecision

awarding compensation.

On January 2 2 , 2015, the par ties filed a stipulation regarding attorneys’ fees and costs.

The parties have agreed to an award of $ 19,1 00.00 for attorneys’ fees and cost s. In accordance with

General O rder Number 9, Petitioner represents that s he has not personally incurre d any expenses in

pursuit of her claim.

The undersigned finds that this petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42

1 The undersigned intends to post this unpublished decision on the United States Court of Federal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 amended at 44 U.S.C. § 3501 not e (2006)). As provided by Vaccine Rule

18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by

that party (1) that is trade secret or commercial or financial information and is privileged or confidential,

or (2) that are medical files and similar files the disclosure of which would constitute a clearly

unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to

the public. Id.

2 The Natio nal 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. 3755, codified as amended, 42

U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in thi s decision to individual

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



### 1U.S.C. § 300aa

- 15(b) and ( e)(1). Further, the proposed amount seems reasonable and appropriate.

Accordingly, the undersigned hereby awards the amount of $ 19,1 00.00, in the form of a check made

payable jointly to Petitioner and Petitioner’s counsel, D anielle Strait, of the law firm of Maglio,

Christopher & Toale, PA.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court

SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

/s/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

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.



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