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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Case No. 0 8

- 786 V

Filed: A ugust 18 , 2015

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

J OHN GERARD

, * UN PUBLISHED

*

Petitioner

, *

*

v. * Special Master Dorsey

*

SECRETARY OF HEALTH * Attorneys’ Fees and Costs;

AND HUMAN SERVICES, * Reasonable Amount Requested to which

* Respondent Does not Object

. Respondent. *

*

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

F . John Caldwell, Jr.

, M aglio Christopher & Toale

, S arasota, FL , for petitioner.

M ichael P. Milmoe , United States Department of Justice, Washington, DC, for respondent.

ATTORNEYS ’ FEES AND COSTS DECISION 1

On N ovember 3, 2008

, J ohn Gerard (“petitioner”) filed a petition pursuant to the National

Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner alleged

that he developed G uillain

- Barr é Syndrome ( “ GBS ” ) as a result of an influenza (“ f lu ”) vaccination

he received on November 11, 2005

. See Petition at 1

. On A ugust 14, 2015 , the undersigned

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this decision on the website of the United States Court of Federal

Claims , in accordance with the E

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

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which

to request redaction “of any information fu rnished by that party: (1) that is a trade secret or

commercial or financial in substance and is privileged or confidential; or (2) that includes

medical files or similar files, the disclosure of which would constitute a clearly unwarranted

invasion of pr ivacy.” V accine Rule 18(b). Otherwise, the entire decision will be available to the

public. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

entered a decision awar ding compensation to petitioner based on a joint stipulation filed by the

parties.

On A ugust 17 , 2015, the parties filed a s tipulation concerning a ttorneys’ f ees and c osts.

T he parties stipulate to a total award of atto rneys’ fees and costs in the amount of $ 8 2 ,460.65 . In

accordance with General Order #9, petitioner ’ s counsel represents that petitioner did not personally

incur any costs in pursuit of h is claim.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §

300 aa

- 15(e). Based on t he reasonableness of petitioner ’ s request and the lack of any objection by

respondent , the undersigned GRANTS the request for approval and payment of attorneys’ fees

and costs.

Accordingly, an award should be made as follows:

i n the form of a check jointly payable to petitioner and to petitioner ’ s attorney, F

. John Caldwell, Jr. , of the law firm M aglio Christopher & Toale

, in the amount of

$ 8 2,460.65

.

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/Nora Beth Dorsey

Nora Beth Dorsey

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.