# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0691V Filed: October 24, 2017

UNPUBLISHED

ALBERT WILSON,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Attorneys’ Fees and Costs

Diana L. Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Althea W. Davis, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON ATTORNE YS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On June 13, 2016, petitioner filed a petit ion for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 (the “Vaccine Act”). Petitioner alleged that he suffered an injury to his left shoulder, including brachial neuritis (“Parsonage Turner Syndr ome”), as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine he received on May 21, 2015. Petition at 1-2. On June 26, 2017, the undersigned issued a decision awar ding compensation to petitioner based on the parties’ joint stipulati on. (ECF No. 28.)

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance 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), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned will redact 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 Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 On September 20, 2017, petit ioner filed a motion for atto rneys’ fees and costs. (ECF No. 31.) Petitioner requests attorne ys’ fees in the am ount of $12,173.60 and attorneys’ costs in t he amount of $756.59. ( Id. at 1-2.) In compliance with General Order #9, petitioner filed a si gned statement indicating that he incurred no out-of-pocket expenses. (ECF No. 31-3.) Thus, the total amount requested is $12,930.19.

On September 27, 2017, respondent filed a response to petitioner’s motion. (ECF No. 32.) Respondent argues that “[n]ei ther the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the re solution of a request by a petitioner for an award of attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is satisfied the statutory requirements for an award of attor neys’ fees and costs are met in

this case.” Id. at 2. Respondent “respectfully recommends that the Chief Special

Master exercise her discretion and determi ne a reasonable award for attorneys’ fees

and costs.” Id. at 3.

On September 27, 2017, petit ioner filed a reply. (ECF No. 33.) Petitioner disputes respondent’s characterization of his ro le in resolving attorneys’ fees and costs, objects to respondent’s failure to address s pecific issues, and reiterates petitioner’s position that the amount requested is reasonable.

The undersigned has reviewed the billing records submitted with petitioner’s request. In the undersigned’s experience, the request appears reasonable, and the undersigned finds no cause to reduc e the requested hours or rates.

The Vaccine Act permits an award of reasonable attorneys’ fees and cost s. § 15(e). Based on the reasonableness of petitioner’s request, the undersigned

GRANTS petitioner’s motion for atto rneys’ fees and costs.

Accordingly, the undersigned awards a total of $12,930.19, 3 representing reimbursement for all attorneys’ fees and costs, in the form of a check jointly payable to petitioner and her counsel, Diana L. Stadelnikas. 4

The clerk of the court shall ent er judgment in accordance herewith. 5

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 co sts” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from char ging 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).

4 Petitioner requests that the check be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236.

5 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master