VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00512 Package ID: USCOURTS-cofc-1_11-vv-00512 Petitioner: M.A.W. Filed: 2014-03-10 Decided: 2014-03-10 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 42000 AI-assisted case summary: On March 10, 2014, M.A.W., by and through parents Heather Warfield and Jason Warfield as parents and natural guardians, filed a petition for vaccine injury compensation. This decision addresses only attorneys' fees and costs. Petitioners were represented by Anne C. Toale, and the respondent was represented by Jennifer L. Reynaud. The parties filed a stipulation of fact agreeing on an appropriate amount for attorneys' fees and costs. Petitioners initially submitted a request for fees and costs. Following informal discussions where the respondent raised objections to certain items in the application, petitioners amended their application to $42,000.00. The respondent did not object to this revised amount. Special Master Laura D. Millman found the amount to be reasonable and awarded $42,000.00 in attorneys' fees and costs. This award was to be paid by check jointly to petitioners and their law firm, Maglio, Christopher & Toale, P.A. The Special Master directed the clerk of the court to enter judgment unless a motion for review was filed. Theory of causation field: The public text does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged injury or condition, or the theory of causation. The case proceeded to a decision solely on the issue of attorneys' fees and costs. The parties stipulated to an award of $42,000.00 for attorneys' fees and costs, which was approved by Special Master Laura D. Millman on March 10, 2014. Petitioners were represented by Anne C. Toale, and respondent was represented by Jennifer L. Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00512-0 Date issued/filed: 2014-03-31 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/10/2014) regarding 54 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00512-UNJ Document 57 Filed 03/31/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-512V Filed: March 10, 2014 Not for Publication ************************************* M.A.W., by and Through HEATHER * WARFIELD and JASON WARFIELD, * as Parents and Natural Guardians, * * Petitioners, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Anne C. Toale, Sarasota, FL, for petitioners. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On March 10, 2014, the parties filed a stipulation of fact in which they agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioners assert that they did not incur any costs in pursuit of their petition. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:11-vv-00512-UNJ Document 57 Filed 03/31/14 Page 2 of 2 Petitioners submitted their request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioners’ application. Based on these objections, petitioners amend their application for attorneys’ fees and costs to $42,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $42,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioners and Maglio, Christopher & Toale, P.A. in the amount of $42,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: March 10, 2014 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2