Nolde v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-154V (Not to be published)

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The Estate of HENRY NOLDE, * Filed: September 26, 2014 by and through his Son, * RONALD NOLDE, as Personal Representative, *

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Petitioner, *

* Decision by Stipulation; Attorneys’ v. * Fees & Costs

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SECRETARY OF HEALTH AND * HUMAN SERVICES, *

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Respondent. *

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***************************** Isaiah R. Kalinowski, Maglio Christopher and Toale, PA (D.C.), for Petitioner.

Tara Kilfoyle, U.S. Dep’t of Justice, Washington, D.C., for Respondent.

ATTORNEYS’ FEES AND COSTS DECISION1

On March 6, 2012, Henry Nolde filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Following Henry Nolde’s death on March 14, 2012, Ronald Nolde (as personal representative of the estate of Henry Nolde) was substituted as Petitioner, and an amended petition was filed on June 26, 2012. On July 22, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation.

On September 25, 2014, counsel for both parties filed another stipulation, this time regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $31,000.00, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. Additionally, the parties have stipulated that Petitioner incurred $125.00 in pursuit of this claim (paid to local estate counsel), and thus Petitioner should receive a lump sum of $125, in a check payable to Petitioner himself.

I approve the requested amount for attorneys’ fees and costs, as well as the requested amount for Petitioner’s out-of-pocket expenses, as reasonable. Accordingly, an award of $31,000.00 should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Isaiah Kalinowski, Esq., which shall be forwarded to the main offices of Maglio, Christopher & Toale, located at 1605 Main Street, Suite 710, Sarasota, Florida 34236; and an award of $125.00 should be made in the form of a check payable to the Petitioner. 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.2

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran Special Master