# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 14-533V (Not to be published)

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* JOHN NAZAKA, *
* Petitioner, * Filed: October 31, 2014
* v. * Decision; Attorneys’
* Fees & Costs
SECRETARY OF HEALTH AND * HUMAN SERVICES, *
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Maximillian J. Muller , Muller Brazil, LLP, Philad elphia, PA, for Petitioner.

Debra Begley , U.S. Dep’t of Justice, Wa shington, D.C., for Respondent.

ATTORNEYS’ FEES AND COSTS DECISION 1

On June 23, 2014, John Nazaka filed a petitio n seeking compensation under the National Vaccine Injury Compensation Program. 2 In a Rule 4(c) Report, filed on September 11, 2014, Respondent conceded that Petitioner had suffered a Table Injury of brachial neuritis due to his receipt of the tetanus, di phtheria, and acellular pertussis vaccine. I subsequently issued a ruling finding that Petitioner had establ ished that he was entitled to compensation for his injury. Thereafter, Respondent filed a pr offer awarding compensation to Pe titioner, which I found to be reasonable and adopted as my decision in awardi ng damages on the terms set forth therein.

1 Because this ruling contains a reasoned explanation for my action in this cas e, it will be posted 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that each party ha s 14 days within which to request redaction “of any information furnished by that party: (1) that is a trad e 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). Otherwise, the ruling will be available to the public.
Id.

2 The National Vaccine Injury Compen sation Program comprises 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.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Indi vidual sections references hereafter will be to ' 300aa of the Act.2 On October 21, 2014, the parties filed a stipula tion regarding attorneys’ fees and costs. The parties have stipulated th at Petitioner’s counsel should receive a lump sum of $13,600.00, in the form of a check payable to Petitioner and Pe titioner’s counsel. This amount represents a sum to which Respondent does not object. In addi tion, in compliance with General Order #9, Petitioner has represented that he did not person ally incur any reimbursabl e costs in proceeding on this petition.

I approve the requested amount for attorneys’ fees and cost s as reasonable. Accordingly, an award of $13,600.00 should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Maximillian J. Muller, Esq., of the law firm of Muller Brazil, LLP. 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/ Brian H. Corcoran
Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), th e parties may expedite entry of judgmen t by each filing (either jointly or separately) a notice renouncing their right to seek review.