1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 97 V

Filed: October 1 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

ROBERT PETRUCELLI

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation;

v. * Attorneys’ Fees and Costs ;

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Anne C. Toale

, Maglio Christopher & Toale, Sarasota, FL

, for petitioner

. Gordon E. Shemin

, United States Department of Justice, Washington , DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS 1

On February 4, 2014

, Robert Petrucelli (“ 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 as a result of receiving a n influenza (“ flu ”) vaccine on or about August 31,

2012

, he developed Guillain Barre Syndrome (“GBS”)

. Petition at ¶ ¶ 1, 6

. On September 2 5

, 2014, the parties filed a stipulation in which they agreed to an award of compensation to

petitioner . On th e same day, the undersigned issued a Decision adopting the parties’ stipulation

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

the undersigned intends to post this ruling 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, § 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 request redaction “of any

information furnished by that party: (1) that is a tra de 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 privacy.” Vaccine Rule

18(b).

2 The Natio nal 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 thi s decision to

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

for an award. See Decision on J. Stip., filed Sept. 2 5 , 2014.

On September 30 , 2014, the parties filed a stipulation of fact concerning attorneys’ fees

a nd costs , attached hereto as Appendix A

. Petitioner requests a total award of attorneys’ fees and

costs in the amount of $ 17,447

. 52

. In accordance wi th General Order #9, petitioner represents

that he did not personally incur costs related to t he litigation of this matter

. See Stipulatio n of

Fact Concerning Attorneys’ Fees and Costs at ¶ 5

, filed Sept. 30 , 2014.

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

300 aa

- 15(e). Based on the reasonableness of petitioner’s motion , the undersigned GRANTS the

request for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney, Anne

C. Toale

, of Maglio Christopher & Toale in the amount of $ 17,447.52.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the cour t SHALL ENTER JUDGMENT in accordance herewith

. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

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.