# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

MARIA CANDELL, * No. 11

- 729V

*

Petitioner, * Special Master Moran

*

v. * Filed: October 16, 2015

*

SECRETARY OF HEALTH * Attorney’s fees and costs; award in

AND HUMAN SERVICES, * the amount to which respondent does

* not object.

Respondent. *

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

Diana L. Stadelnikas Sedar , Esq.

, Maglio Christopher & Toale, PA, Sarasota, FL,

for Petitioner;

Gordon Shemin

, United States Dep’t of Justice, Washington, DC, for R espondent.

UNPUBLISHED DECISION ON FEES AND COSTS 1

On October 15, 2015

, petitioner filed a stipulation of fact concerning final

attorneys’ fees and costs in the above

- captioned matter. During informal

discussions respondent approved petitioner’s draft application. Based on these

dis cussions, petitioner requests $ 73,400.00 for attorney s’ fees and costs incurred

by petitioner’s counsel, an amount s to which respondent does n ot object. The

Court awards this amount.

On November 3, 2011

, Maria Candell filed a petition for compensation

, alleging that the series of Hepatitis B vaccinations she received during 2010 and

2011 caused development of a shoulder injury related to vaccine administration

(“SIRVA”), and/or other injuries. P etitioner received compensation based upon

the parties’ stipulation. Decision

, issued September 22, 2015

. Beca use petitioner

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

received compensation, s he is entitled to an award of attorneys’ fees and costs. 42

U.S.C. § 300aa

- 15(e).

Petitioner seeks a total of $ 73,400.00 in attorney s’ fees and costs.

Additionally, in compliance with General Order No. 9, petitioner has filed a

statement indicating that while represented by Maglio, Christopher, & Toale, PA

Law Firm, she did not incur costs related to the litigation of this matter.

Respondent has no objection to the amount requested for attorneys’ fees and costs. 1

After reviewing the request, the Court awards the following:

A lump sum of $ 73,400 .00, in the form of a check made payable to

petitioner and petitioner’s attorney, Diana Stadelnikas Sedar , of the law

firm of Maglio, Christopher & Toale , for at torneys’ fees and other

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

- 15(e).

The Court thanks the parties for their cooperative efforts in resolving this

matter. The Clerk shall enter judgment accordingly.

Any questions may be direct ed to my law clerk, Dan Hoffman, at (202) 357

-

6360

.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

1 In an October 16, 2015 status conference, the undersigned advised Ms. Candell’s

attorney to request more details on the invoices from the expert she retained, Thomas Wright.