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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: December 30, 2016

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

LORI EUBANKS, as parent and *

natural guardian of S.J.S., a minor

, * No. 13

- 15 5 V

*

Petitioner, * Special Master Hamilton

- Fieldman

*

v. *

* Attorneys ’ Fees and Costs;

SECRETARY OF HEALTH * Reasonable Amount Requested.

AND HUMAN SERVICES, *

*

Respondent. *

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

Anne C. Toale

, Maglio

, Christopher & Toale, Saras ota

, FL , for Petitioner.

Lara A

. Englun d , United States Department of Jus tice, Washington, DC, for Respondent.

DECISION 1

On March 4 , 2013

, Lori Eubanks (“Petitioner”)

, filed a petition for compensation

on behalf of S.J .S., a minor, pursuant to the National Childhood Vaccine Injury Act of

1986, 42 U.S.C. §§ 300aa

- 1 to

- 34 (2012 ). Petitioner alleged that a Diptheria Tetanus

acellular Pertussi s (“DTaP ”) vaccine administered to S.J.S. on April 21

, 2011 caused her

to s uffer from overlap syndrome

. Petition , filed March 4 , 201 3 . On May 13, 2016, the

undersigned issued a decision awarding compensation to Petitioner pursuant to the

parties’ joint stipulation

.

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 website of the United States

Court of Federal Claims, in accordance with the purposes espoused in the E

- Gov ernment

Act of 2002. See 44 U.S.C. § 3501 (2012). 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 disclosure of which would constitute a clearly

unwarranted invasion of privacy.” Vaccine Rule 18(b).2

On Novem ber 21 , 2016, Petitioner filed a n application for attorneys’ fees and

costs. Petitioner requested compensation in the amount of $ 71,934.51 for attorneys’ fees

and costs. Petitioner’s Applica tion at 1

- 2 , filed Nov

. 21 , 2016. Respondent filed a

response to Pe t itioner’s request on November 27 , 2016, recommending that the special

master use her discretion to determine a reasonable award for attorneys ’ fees and costs.

Response at 3, filed Nov

. 27 , 2016. Petitio ner filed a reply on December 8 , 2016,

reitera ting Respondent ’ s response t hat the statutory requir ements for an award of

attorney ’ s fees and costs were met in this case, “ without any specific objections to the

fees or cost requested ; ” therefore, an award of $71 ,934 .51 in attorney s ’ fees and costs is

reasonable. Reply at 1

. The undersigned agrees.

In accordance with the Vaccine Act, 42 U.S.C. § 300aa

- 15(e) (2012), the

undersigned has reviewed the billing records and expert costs in this case and finds that

Petitioner’s request for fees and costs is reasonable. Accordingly, the undersigned

hereby awards the amount of $ 71,934.51 , in the form of a check made payable

jointly to Petitioner and Petitioner’s counsel, A nne C. Toale , of Maglio, Christopher

& Toale

, for attorneys ’ fees and costs

. 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/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

Special Master

2 Entry of judgment can be expedited by each party’s filing of a notice renouncing the

right to seek review. Vaccine Rule 11(a).