### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 10

- 130 V

Filed: August 5 , 2014

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

RONALD S. HALL, JR. and TONI E. HALL, *

as parents and natural guardian s of

, *

P.H.

, *

Petitioner s

, * Stipulation; Attorney Fees and Costs

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

Respondent. *

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

Diana Stadelnikas Sedar , Esq.

, Maglio Christopher & Toale

, P.A., Sarasota, FL for

petitioner s

. Traci R. Patton, Esq. , US Department of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

In this case under the National Vaccine Injury Compensation Program, 2 I issued

a decision on March 7, 2014, that awarded compensation pursuant to the parties’ joint

stipulation

. On August 4, 2014, the parties filed a stipulation for attorney fee s and costs.

The stipulation indicates that the parties discussed the fees and costs informally, and

based on those discussions

, the parties have agreed on $ 49,000 .00 in attorneys’ fees

and costs and $ 7,005.18 in petitioners’ costs for a total of $ 56,005. 18

.

I find 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,

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend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

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

- 3 47, § 205, 116 Stat. 2899, 2913 (codified as amended at 44

U.S.C. § 3501 note (2006)). 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 materi al from public access.

2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa

- 10 et seq

. (2006).pursuant to 42 U.S.C. §§ 300aa

- 15(b) and (e)(1). Further, the proposed amount seems

reasonable and appropriate.

Accordingly, I hereby award the total $ 56,005.18 3 as follows:

• a lump sum of $ 49,000 .00 in the form of a check payable jointly to

petitioner s ( Ronald Hall, Jr. and Toni Hall ) and petitioners’ counsel of

record ( Diana Stadelnikas Sedar ) for petitioners’ attorney fees and

costs, and

• a lump sum of $ 7,005.18 in the form of a check payable to petitioner s

( Ronald Hall, Jr. and Toni Hall ) for their personal litigation costs.

T he clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

/s Denise K. Vowell

Denise K. Vowell

Chief Special Master

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 costs” as well as fees for legal services rendered.

Furthermore, 42 U.S.C. § 300aa

- 15(e)(3) preven ts 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, HHS , 924

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

4 Entry of judgment can be expedited by each party’s filing of a not ice renouncing the right to seek review.

See Vaccine Rule 11(a).

2