Judith Adler v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 11-368V Filed: April 11, 2013

************************************* NOT TO BE PUBLISHED JUDITH ADLER, *

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

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v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

************************************* Diana Lynn Stadelnikas, Maglio Christopher and Toale, Sarasota, FL, for Petitioner; Glenn Alexander MacLeod, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION ON ATTORNEYS’ FEES AND COSTS 1 On April 11, 2013, the parties in the above-captioned case filed a Stipulation of Attorneys’ Fees and Costs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 $23,500.00, to which Respondent does not object. Petitioner’s counsel represents that Petitioner has not incurred 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, Judith Adler, alleged that she suffered from Guillain-Barre Syndrome (“GBS”) as a consequence of her receipt of the influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which she received on or about September 29, 2010. Petitioner alleged that she experienced the residual effects of this injury for more than six months. A decision awarding compensation based upon the parties’ stipulation was entered on March 27, 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 undersigned also finds that the stipulated amount of $23,500.00, 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 Judith Adler, Petitioner, and Petitioner’s counsel (Diana Lynn Stadelnikas, of the Maglio Christopher and Toale), the amount of $23,500.00. The check should be forwarded to Petitioner’s counsel at 1605 Main Street, Suite 710, Sarasota, FL 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