Schneider v. Secretary of Health and Human Services ( 2015 )


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  • In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    *************************
    MICHELLE SCHNEIDER,      *
    *                               No. 14-185V
    Petitioner, *                               Special Master Christian J. Moran
    *
    v.                       *                               Filed: July 14, 2015
    *
    SECRETARY OF HEALTH      *                               Attorneys’ fees and costs; award
    AND HUMAN SERVICES,      *                               in the amount to which respondent
    *                               does not object.
    Respondent. *
    *************************
    Danielle A. Strait, Maglio, Christopher & Toale, PA, Washington, DC, for
    Petitioner;
    Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for
    Respondent.
    UNPUBLISHED DECISION ON FEES AND COSTS1
    On July 14, 2015, petitioner filed a stipulation of fact concerning final
    attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
    informally submitted a draft application for attorneys’ fees and costs to respondent
    for review. Upon review of petitioner’s application, respondent raised objections
    to certain items. Based on subsequent discussions, petitioner amended her
    application to request $8,956.68, an amount to which respondent does not object.
    The Court awards this amount.
    1
    The E-Government Act of 2002, Pub. L. No. 107-347, 
    116 Stat. 2899
    , 2913 (Dec. 17,
    2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the
    parties have 14 days to file a motion proposing redaction of medical information or other
    information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
    master will appear in the document posted on the website.
    On March 5, 2014, Michelle Schneider filed a petition for compensation
    alleging that the influenza (“flu”) vaccine, which she received on or about
    September 27, 2012, caused her alleged lipomyonecrosis of the left deltoid area.
    Petitioner received compensation based upon the parties’ stipulation. Decision,
    issued Jan. 26, 2015. Because petitioner received compensation, she is entitled to
    an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
    Petitioner seeks a total of $8,956.68 in attorneys’ fees and costs. In
    compliance with General Order No. 9, petitioner states that she has incurred no
    out-of-pocket litigation expenses while pursuing this claim. Respondent has no
    objection to the amount requested for attorneys’ fees and costs.
    After reviewing the request, the Court awards the following:
    A lump sum of $8,956.68 in the form of a check made payable to
    petitioner and petitioner’s attorney, Danielle A. Strait, of the law
    firm Maglio, Christopher, & Toale, PA, for attorneys’ fees and
    other litigation costs available under 42 U.S.C. § 300aa-15(e).
    The Court thanks the parties for their cooperative efforts in resolving this
    matter. The Clerk shall enter judgment accordingly.
    Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
    6360.
    IT IS SO ORDERED.
    s/Christian J. Moran
    Christian J. Moran
    Special Master
    2
    

Document Info

Docket Number: 14-185

Judges: Christian J. Moran

Filed Date: 8/10/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021