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In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 13-622V

Filed: August 10, 2015

* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED

DANYA MANNING, *

* Special Master Hamilton-Fieldman

Petitioner, *

v. * Attorneys’ Fees and Costs; Reasonable 

* Amount Requested to which Respondent 

SECRETARY OF HEALTH * Does Not Object.

AND HUMAN SERVICES, * 

* 

Respondent. * 

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

Franklin J. Caldwell, Jr., Maglio Christopher & Toale, Sarasota, FL, for Petitioner.

Amy P. Kokot, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On August 29, 2013, Danya Manning2(“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 

September 30, 2011 caused her to suffer from Guillain-Barré Syndrome (“GBS”). Petition

(“Pet.”) at 1-2. On February 25, 2015, the undersigned issued a decision awarding compensation 

to Petitioner. 

On August 10, 2015, Petitioner filed a Stipulation of Facts Concerning Attorneys’ Fees 

and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $18,500.00 in

attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that 

she has not incurred any costs in pursuit of her claim. 

 

1 The undersigned intends to post this unpublished decision on the United States Court of Federal Claims’ 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 note (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 At the time her petitioner was filed, Petitioner’s name was Danya Wright. Petitioner subsequently 

changed her name to Danya Manning, and the case caption was amended accordingly. See Order, ECF 

NO. 8. 
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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 amount seems reasonable and 

appropriate. Accordingly, the undersigned hereby awards the amount of $18,500.00, in the 

form of a check made payable jointly to Petitioner and Petitioner’s counsel, F. John 

Caldwell, Jr, of the law firm Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, 

Sarasota, FL 34236. 

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.