Allen v. Hhs

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 02-1237V (Not to be published)

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COLLEEN BOSTON MADARIAGA * and JAMES ALLEN, parents and * guardians of A.A., a minor, *

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Petitioners, *

* Filed: March 22, 2016 v. *

* Autism; Decision on Attorneys’

SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES *

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Respondent. *

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DECISION (ATTORNEYS’ FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,1 a Decision issued on September 26, 2015. On March 7, 2016, Petitioners filed an Application for Attorneys’ Fees and Costs, requesting a total payment of $10,606.55, representing attorneys’ fees and costs of $10, 050.80, and $555.75 of costs expended by Petitioners. On March 18, 2016, Respondent filed a statement indicating that Respondent has no objection to this request.

I find that this Petition was filed and pursued in good faith and with a reasonable basis.

Thus, an award for fees and costs is appropriate at this time, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amounts seem reasonable and appropriate. Accordingly, I hereby award the following attorneys’ fees and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1):

• a lump sum of $10,050.80, in the form of a check payable jointly to Petitioners and Petitioners’ counsel, Ronald C. Homer, on account of services performed by counsel’s law firm.

1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012).

• a lump sum of $555.75, in the form of a check payable to Petitioners, which represents Petitioners’ own litigation expenses in this case.

In the absence of a timely-filed motion for review filed pursuant to Appendix B of the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in accordance herewith.2

IT IS SO ORDERED /s/ George L. Hastings, Jr.

George L. Hastings, Jr. Special Master

2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.