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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 770V

Filed: O ctober 2 , 2015

* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED

J EFFREY W

. MAGERA

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

v. * Attorneys’ F ees and Costs; Reasonable

* Amount Reques ted to which Respondent

SECRETARY OF HEALTH * Does Not Object.

AND HUMAN SERVICES, *

*

Respondent. *

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

Ramon Rodriguez, III

, R awls, McNelis and Mitchell

, P.C., R ichmond, VA

, for Petitioner.

A my P. Kokot

, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On O ctober 4, 2013

, J effrey W. Magera (“Petitioner”) filed a petition for compensation

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 et seq. (2006)

(“Vaccine Act”). Petitioner alleged that the administration of an influenza (“flu ”) vaccine on

October 5 , 2010 , caused him to suffer from l eft upper extremity pain, weakness, wrist drop,

muscle atrophy, difficulty moving fingers and thumb 2

. Petition (“Pet.”) at 1

- 3

. On M arch 20,

2015 , the undersigned filed a decision awarding compensation to Petitioner. Decision, ECF No.

2 5

.

On O ctober 2 , 2015

, Petitioner filed a “ Stipu lation of Facts Concerning Attorneys’ Fees

and Costs ”

. Pursuant to their Stipulation, t he parties have agreed to an award of $ 1 3,000 .00 in

attorneys’ fees and cost s. Petitioner ’s counsel represents that Petitioner has i ncurred costs of

$500.00 in pursuing his claim

. S tipulation, ECF No. 30

.

1 The undersigned intends to post this unpublished decision on the United States Court of Federal Claims’

website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107 347, § 205, 116 Stat. 2899,

2913 (codified as amended at 44 U.S.C. § 3501 not e (2006)). As provided by Vaccine Rule 18(b), each

party has 14 days within which to file a motion for redaction “of any information furnished by that party

(1) that is trade secret or commercial or financial information and is privileged or confidential, or (2) that

are medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion

of privacy.” In the absence of such motion, the entire decision will be available to the public. Id.

2 These injuries were alleged in the Petition; however, in the Stipulation filed with the Court on March 20,

2015, the parties stipulated that “ Petitioner alleges that the flu vaccine caused him to develop brachial

neuritis. ” Stipulation, ECF No. 24.2

The undersigned finds that this petition was brought in good faith and that there existed a

reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to

42 U.S.C. § 300aa

- 15(b) and (e)(1). Further, the proposed amoun t seems reasonable and

appropriate. Accordingly , the undersigned hereby awards:

1. T he amount of $ 1 3,000 .00 , in the form of a check made payable jointly to

Petit ioner and Petitioner ’ s counsel, R amon Rodrig uez, III;

2. T h e amount of $50 0.00, in the form of a check made payable to Petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 3

IT IS SO ORDERED.

/s/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.