Carl Campagna v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-196V Filed: August 9, 2013

************************************* NOT TO BE PUBLISHED CARL CAMPAGNA, *

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

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v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

************************************* Gil L. Daley, II, Law Office of Gil L. Daley, II, P.C., Ft. Worth, TX, for Petitioner. Chrysovalantis Kefalas, United States Dep’t of Justice, Washington, DC, for Respondent

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1 On August 8, 2013, the parties in the above-captioned case filed a Stipulation of Attorneys’ Fees and Costs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 an award of $36,140.00 in attorneys’ fees and $1,546.57 in attorneys’ costs for a total award of $37,686.57, 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 special master awards the amount to which Respondent does not object.

Petitioner alleged that he suffered an adverse reaction as a consequence of his receipt of a Diphtheria-Tetanus (“DT”) vaccine received on or about March 28, 2009. Petitioner also alleged 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 June 18, 2013.

Although Respondent did not concede the claim, the parties, nonetheless, settled the matter, and an award of compensation was made. Because Petitioner has been awarded compensation, Petitioner is entitled to an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e). The special master also finds that the stipulated amount of $37,686.57, in 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 (Carl Campagna) and Petitioner’s counsel (Gil L. Daley, II, Law Office of Gil L. Daley, II, P.C.), the amount of $36,140.00 in attorneys’ fees and $1,546.57 in attorneys’ costs for a total of $37,686.57, pursuant to 42 U.S.C. § 300aa-15(e); 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