Keske v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-971V Filed: October 5, 2015

Unpublished **************************** FRANCES KESKE, *

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Petitioner, * Attorneys’ Fees and Costs; Stipulation;

* Special Processing Unit (“SPU”)

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

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**************************** Anne Toale, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner. Linda Renzi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1 Dorsey, Chief Special Master:

On October 9, 2014, Frances Keske filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that as the result of an influenza [“flu”] vaccination on October 15, 2012, she suffered arm pain. Petition, ¶¶ 2-3. On July 29, 2015, a decision issued awarding compensation to petitioner based on the parties’ Stipulation.

On October 2, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an award of $20,280.22. In accordance with General Order #9, petitioner’s counsel represents that petitioner personally incurred $184.88 in out-of-pocket expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.

Accordingly, an award should be made as follows:

1. $20,095.34 in the form of a check jointly payable to petitioner and petitioner’s counsel, Anne Carrion Toale, Esq; and 2. $184.88 in the form of a check solely payable to petitioner. 3 The clerk of the court shall enter judgment in accordance herewith.4

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master