VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00398
Package ID: USCOURTS-cofc-1_13-vv-00398
Petitioner: AARON P. WYATT, on behalf of J.A.W.
Filed: 2014-04-21
Decided: 2014-05-19
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: compensated
Award amount USD: 14828

AI-assisted case summary:
This case was initiated by Aaron P. Wyatt, on behalf of J.A.W., who filed a petition on April 21, 2014, under the National Vaccine Injury Compensation Program. The alleged condition was Autism. The specific vaccine(s) and vaccination date(s) were not detailed in the public decision. The respondent was the Secretary of Health and Human Services. On January 29, 2014, the Chief Special Master had issued a decision dismissing the petition. Subsequently, on April 21, 2014, the parties filed a stipulation for attorney fees and costs, indicating they had reached an agreement. The respondent did not contest the claim for fees and costs in this decision. Chief Special Master Denise K. Vowell found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The total award was $14,828.29. This amount included $14,772.29 payable jointly to the petitioner, Aaron P. Wyatt, and petitioner's counsel, Maglio, Christopher & Toale, for attorney fees and costs. An additional $56.00 was awarded, payable to the petitioner, Aaron P. Wyatt, for his personal litigation costs. The decision was issued by Chief Special Master Denise K. Vowell.

Theory of causation field:
The public decision does not describe a theory of causation. The case involved a stipulation for attorney fees and costs following a dismissal of the petition. The petitioner, Aaron P. Wyatt, on behalf of J.A.W., alleged Autism. The specific vaccine(s) and vaccination date(s) were not detailed in the public text. The decision by Chief Special Master Denise K. Vowell awarded $14,828.29 in attorney fees and costs, finding the petition was brought in good faith with a reasonable basis, pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). The award consisted of $14,772.29 jointly to petitioner and counsel for fees and costs, and $56.00 to the petitioner for personal litigation costs. Attorneys involved were Anne C. Toale, Esq. for the petitioner and Lynn E. Ricciardella, Esq. for the respondent. The decision date was May 19, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00398-0
Date issued/filed: 2014-05-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/21/2014) regarding 19 DECISION Fees Stipulation/Proffer. Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:13-vv-00398-UNJ Document 22 Filed 05/19/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 13-398V
Filed: April 21, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
AARON P. WYATT, on behalf of J.A.W. *
Petitioner, * Autism; Stipulation; Attorney
v. * Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Anne C. Toale, Esq., Maglio, Christopher &Toale, PA, Sarasota, FL for petitioner.
Lynn E. Ricciardella, Esq., US Department of Justice, Washington, DC for respondent.
1
DECISION ON ATTORNEY FEES AND COSTS
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision dismissing this petition on January 29, 2014. On April 21, 2014, the parties
filed a stipulation for attorney fees and costs. The stipulation indicates that after
informal discussions, the parties have agreed on $14,772.29 in attorneys’ fees and
costs and $56.00 in petitioner’s costs for a total of $14,828.29.
I find that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate,
pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems
reasonable and appropriate. Accordingly, I hereby award the total $14,828.29 3 as
follows:
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including

Case 1:13-vv-00398-UNJ Document 22 Filed 05/19/14 Page 2 of 2
• a lump sum of $14,772.29 in the form of a check payable jointly to
petitioner (Aaron P. Wyatt) and petitioner’s counsel of record
(Maglio, Christopher & Toale) for petitioner’s attorney fees and costs,
and
• a lump sum of $56.00 in the form of a check payable to petitioner,
Aaron P. Wyatt, for his personal litigation costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
/s Denise K. Vowell
Denise K. Vowell
Chief Special Master
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2