# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

TERRIE OCKMAND, *

* No. 11

- 105V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: May 14, 2013

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * Attorneys’ fees and costs; stipulation of

* fact; award in the amount to which

Respondent. * respondent does not object

*

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

UNPUBLISHED DECISION ON FEES AND COSTS 1

Isaiah Richard Kalinowski , Maglio, Christopher & Toale, Sarasota, FL, for petitioner;

Alexis B. Babcock , U.S. Department of Justice, Washington, D.C., for Respondent.

Petitioner, Terrie Ockmand, filed a stipulation of fact concerning final attorneys’ fees and

costs in the above

- captioned matter on May 2 , 2013

. 2 Previously, petitioner submitted a draft

application for final attorneys’ fees and costs to respondent for review and comment

. During

in formal discussions, respondent raised objections to certain items in petitioner ’ s draft

application . Based on these discussions, petitioner amended his application to request

reimbursement for attorneys’ fees and costs in the amount of $ 21,496.32. In add ition, petitioner

personally incurred reimbursable out

- of

- pocket litigation costs in the amount of $ 40.00

. Respondent does not object to the amended request. The Court awards this amount

.

Petitioner filed his petition on February 18, 2011 and was awarded compensation on

November 29, 2012 . Judgment entered on November 30, 2012

. Because petitioner received

compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa

- 15(e).

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medical inf ormation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.

2 Issuance of the instant decision was delayed by the subsequent filing of petitioner’s

statement in c ompliance with General Order #9 on May 10, 2013.Petitioner seek s a total of $ 21,496.32 in att orneys’ fees and costs for t he i r counsel.

Additionally, in compliance with General Order No. 9, petitioner states that she incurred $ 40.00

in out

- of

- pocket litigation expenses while pursuing this claim. Respondent has no objection to

th e amount s requested for attorneys’ fees and costs, and petitioner ’s costs, which total

$ 21,536.32

.

After reviewing the request, the court awards:

A. A lump sum payment of $ 21,496.32 in the form of a chec k payable jointly to

petitioner and petitioner ’s counsel

, Isaiah Kalinowski , for attorneys’ fees and

costs available under 42 U.S.C. §300aa

- 15(e); and

B. A lump sum payment of $ 40.00 in the form of a check payable to petitioner for

out

- of

- pocket expenses incurred by petitioner in proceeding on the petition.

The c ourt thanks the parties for their cooperative efforts in resolving this matter.

The Clerk s hall enter judgment accordingly. 3

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.