Tommy Morgan v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 10-186V Filed: June 14, 2013

************************************* NOT TO BE PUBLISHED TOMMY MORGAN, *

* * Special Master Zane * * Stipulation; attorneys’ fees and costs Petitioner, *

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v. *

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

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************************************* Diana L. Stadelnikas, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner; Althea Walker Davis, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1 On June 14, 2013, the parties in the above-captioned case filed a Stipulation of Attorneys’ Fees and Costs (“Stipulation”) memorializing their agreement as to the appropriate amount of attorneys’ fees and costs in this case. Petitioner requests a total award of $39,000.00, to which Respondent does not object. Petitioner’s counsel represents that Petitioner incurred no personal litigation costs. In accordance with 42 U.S.C. § 300aa-15(e), the undersigned awards the amount to which Respondent does not object.

Petitioner, Tommy Morgan, alleged that he suffered Guillain-Barre Syndrome (“GBS”) that was caused-in-fact by the influenza (“flu”) vaccine he received on November 23, 2007, which is a vaccine contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a). Petitioner also alleged that he suffered residual effects of this injury for more than six months and that he has not otherwise received compensation for such injuries. A decision awarding compensation based upon the parties’ stipulation was entered on March 14, 2013.

Although Respondent did not concede the claim, the parties, nonetheless, settled the matter, and an award of compensation was made. Because Petitioner had been awarded compensation, Petitioner is entitled to an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). The undersigned also finds that the stipulated amount of $39,000.00, for attorneys’ fees and costs, is reasonable based on the stage at which this matter was settled. Based on the request’s reasonableness and pursuant to Vaccine Rule 13, the undersigned GRANTS the parties’ request as outlined in the Stipulation. The judgment shall reflect that Petitioner is awarded attorneys’ fees and costs as follows: in a check made payable jointly to Petitioner (Tommy Morgan) and Petitioner’s counsel (Diana L. Stadelnikas of the law firm Maglio Christopher and Toale, P.A.), the amount of $39,000.00, pursuant to 42 U.S.C. § 300aa-15(e). It is directed that the award of attorneys’ fees and costs be sent directly to Petitioner’s counsel at 1605 Main Street, Suite 710, Sarasota, Florida 34236.

The court thanks the parties for their cooperative efforts in resolving this matter. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to enter judgment accordingly. 2

IT IS SO ORDERED. s/ Daria Zane Daria J. Zane Special Master