# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-914V

Fil ed: May 10, 2017

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MI CHAEL ANGELL and ANNA ANGELL *

on beha lf of D.A., * * Special Master Sanders

Pe titioners, * * Attorney s’ Fees and Costs; v. * Reasonable Amount Requested.

*

SECR ETARY OF HEALTH *

AND H UMAN SERVICES, *

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Re spondent. *

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Mark T. Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ

, for Petitioners. Darryl R. Wishard, United States Department of Justice, Washington, D.C. , for Respondent.

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1

On September 29, 2014, Michael Angell and Anna Angell (“ Petitioners”) filed a petition on behalf of their minor daughter, D.A., for compensation pursuant to the National Vaccine Injur y Compensation Program. 2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner s alleged that a s

a re sult of human papillomavirus vaccines (“HPV”) ad minist ered on October 4, 2011, February 23, 2012, and June 11, 2012, D.A. suffered from hair loss, seborrheic dermatitis, and alopecia

tota lis. Decision Stipulation, ECF No. 42. On September 6, 2016, Special Master Hamilton-

1 This decision shall be posted on the United States Court of Federal Claims’ website, in

ac cordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access.

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act.2

Fieldman issued a decision awarding compensation to Petitioners pursuant to the parties’ stipulation. Id.

On March 5, 2017, Petitioners filed an application for attorneys’ fees and costs. Mot. Att’y s’ Fees & Costs, ECF No. 49. Petitioners requested attorneys’ fees in the amount of $26,306.97, and attorneys’ costs in the amount of $10,417.83, for a total of $36,724.80. Pet’rs’ Ex. A at 21-23, ECF No. 49-1. Petitioners averred that they incurred no personal costs during the litig ation of their case. Mot. Att’ys’ Fees 2.

Re spondent indicated that “[t]o the extent the Special Master is treating [P]etitioners’ request for attorneys’ fees and costs as a motion that requires a response from [R]espondent . . . Respondent is satisfied the statutory requirements for an award of attorneys’ fees and costs ar e met in this ca se.” Resp’t’s Resp. 2, ECF No. 33. Respondent recommended that the undersigned exercise her discretion and determine a reasonable award for attorneys’ fees and

costs. Id. at 3.

The undersigned has reviewed Petitioners’ counsel’s detailed records of time and expenses incurred in this case, and they are reasonable. In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e) (2012), the undersigned finds that Petitioners are entitled to attorneys’ fees

and c osts. Accordingly, the undersigned hereby awards the amount of $36,724.80, 3 in the form of a check made payable jointly to Petitioners and Petitioners’ counsel, Mark T.

Sad aka, of the Law Offices of Sadaka Associates, LLC. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in a ccordance

herewith. 4

IT IS SO ORDERED.

s/Herbrina D. Sanders

Herbrina D. Sanders Special Master

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See

gene rally Beck v. Sec’y of Health & Human Servs. , 924 F.2d 1029 (Fed. Cir. 1991).

4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine Rule 11(a).