# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 0715 V (not to be published)

RILEY SCHUBERT

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 2 4 , 2022

Special Processing Unit (SPU);
Attorney’s Fees and Costs

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL , for P etitioner.

Ronalda Elnetta Kosh , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION ON ATTORNEY ’ S FEES AND COSTS 1

On May 15, 2019, Riley Schubert 2 filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 3 (the “Vaccine Act”). Petitioner alleges that he suffered injuries, including vasovagal syncope resulting in hearing loss from a temporal skull fracture, as a result of a human papillomavirus vaccine he received on September 12, 2016. ( Petition at 1 )

. On December

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the D ecision will be available to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2 The petition was originally filed by Anne Schubert on behalf of Riley Schubert, as Riley Schubert was a minor at the time the petition was filed.

3 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 23 , 2021

, a decision was issued awarding compensation to Petitioner based on the parties’ stipulation

. ( ECF No. 56 )

.

Petitioner has now filed a motion for attorney’s fees and costs, dated May 11 , 2022,
(ECF No. 61 ) , requesting a total award of $ 92,304.17 (representing $ 91,415.80 in fees
and $ 888.37 in costs). In accordance with General Order No. 9, Petitioner filed a signed
statement indicating that Petitioner incurred no out

- of

- pocket expenses

. ( ECF No. 61

- 3 )

. Respondent reacted to the motion on May 25 , 2022, indicating that he is satisfied the
statutory requirements for an award of attorneys’ fees and costs are met in this case

, deferring resolution of the amount to be awarded to my discretion. (ECF No. 62 )

. Petitioner filed a reply on May 26, 2022, requesting the fees and costs b e awarded in full.
(ECF No. 63).

I have reviewed the billing records submitted with P etitioner’s request. In my experience , the request appears reasonable, and I find no cause to reduce the requested

hours or rates.

The Vaccine Act permits an award of reasonable attorney ’ s fees and costs

. Section
15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I

award a total of $92,304.17 (representing $ 91,415.80 in fees and $ 888.37 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel

. Per
Petitioner’s request, the check should be forward to Maglio Christopher & Toale,

1605 Main Street, Suite 710, Sarasota Florida 34236

. In the absence of a timely

- filed
motion for review (se e Appendix B to the Rules of the Court), the Clerk shall enter
judgment in accordance with this decision. 4

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran Chief Special Master

4 Pursuant to Vaccine Rule 11( a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.