1

In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-972V 

Filed: April 16, 2018 

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

PAUL MONDELLO,

Petitioner,

v.

SECRETARY OF HEALTH

AND HUMAN SERVICES,

Respondent.

*

*

*

*

*

*

*

*

*

UNPUBLISHED

Decision on Attorneys’ Fees and Costs;

Respondent Does Not Object.

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

Verne E. Paradie, Jr., Esq., Paradie, Sherman, et al., Lewiston, ME, for petitioner.

Darryl Wishard, Esq., U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON ATTORNEYS’ FEES AND COSTS1

Roth, Special Master: 

 On September 3, 2015, Paul Mondello (“Mr. Mondello,” or “petitioner”) filed a petition 

for compensation under the National Vaccine Injury Compensation Program.2

 Petitioner alleges 

that he developed a seizure disorder after receiving a hepatitis A vaccination on November 15, 

2013. See Petition (“Pet.”), ECF No. 1. On November 15, 2016, the undersigned issued a Ruling 

on the Record finding that petitioner was not entitled to compensation. ECF No. 34. Petitioner 

filed a Motion for Review, which was granted. See Motion for Review, ECF No. 40; Opinion, ECF 

No. 44. This matter was remanded to the undersigned for further proceedings. Fact hearings were 

held on August 28, 2017, and September 7, 2017; the undersigned later issued a decision finding 

that petitioner was entitled to compensation. Ruling on Entitlement, ECF No. 74. On March 20, 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 

post this decision on the United States Court of Federal Claims’ website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 

U.S.C. § 3501 note (2012)). 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 42 U.S.C. § 300aa-12(d)(4)(B). 

Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted 

decision. If, upon review, I agree that the identified material fits within the requirements of that provision, 

I will delete such material from public access. 

2

 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012). 
2

2018, the undersigned issued a Decision awarding compensation to petitioner based on 

respondent’s proffer. See Decision, ECF No. 78. 

Petitioner initially filed a Motion for Attorneys’ Fees and Costs on December 2, 2016. ECF 

No. 37. Following the conclusion of the damages phase of this matter, petitioner filed a Motion to 

Strike his original application for fees, which was granted. ECF Nos. 82, 84. On April 4, 2018, 

petitioner filed a Motion for Attorneys’ Fees and Costs requesting attorneys’ fees in the amount of 

$26, 960.00 and attorneys’ costs in the amount of $5,088.82, for a total of $32,048.82.

3

 Motion for 

Fees, ECF No. 83. 

In accordance with General Order #9, petitioner’s counsel represents that petitioner did not 

incur any out-of-pocket expenses. Motion at 2-3. 

 On April 6, 2018, respondent filed a response to petitioners’ Motion for Fees. Response, 

ECF No. 85. Respondent provided no specific objection to the amount requested or hours worked, 

but instead, “respectfully recommend[ed] that the Special Master exercise her discretion and 

determine a reasonable award for attorneys’ fees and costs.” Id. at 3. Petitioner did not file a reply. 

The Vaccine Act permits an award of “reasonable attorneys’ fees” and “other costs.” 

§ 15(e)(1). Based on the reasonableness of petitioner’s request, the undersigned GRANTS 

petitioner’s motion for attorneys’ fees and costs. 

 Accordingly, the undersigned awards the total of $32,048.824in the form of a check 

jointly payable to petitioner and petitioner’s counsel, Verne Paradie. 

The Clerk of the Court is directed to enter judgment in accordance with this Decision.5

IT IS SO ORDERED. 

 s/ Mindy Michaels Roth 

 Mindy Michaels Roth 

 Special Master

 

3

I have made no determination as to appropriate hourly rates in this matter; I merely conclude that the total 

sums requested seem reasonable and appropriate.

4

 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 generally Beck v. Sec’y of Health & Human Servs., 924 

F.2d 1029 (Fed. Cir. 1991). 

5

 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.