Bevill v. Secretary of Health and Human Services

Federal Claims

Bevill v. Secretary of Health and Human Services

United States Court of Federal Claims·Decided January 29, 2016·No. 06-809·Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 06-809V (Not to be published)

************************* * ROBERT T. BEVILL * and JANICE BEVILL, parents and * natural guardians of RCB, a minor, * * Petitioners, * * Filed: January 6, 2016 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * *************************

DECISION (ATTORNEYS’ FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,1 I issued a Decision on September 14, 2015. On January 4, 2016, the parties filed a joint stipulation of fact concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total payment of $7,267.25, representing attorneys’ fees and costs of $7,107.25, and $250.00 of costs expended by Petitioners. 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 $7,017.25, in the form of a check payable jointly to Petitioners and Petitioners’ counsel, Richard Gage, 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 $250.00, 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.

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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 06-809V (Not to be published)

************************* * ROBERT T. BEVILL * and JANICE BEVILL, parents and * natural guardians of RCB, a minor, * * Petitioners, * * Filed: January 6, 2016 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * *************************

DECISION (ATTORNEYS’ FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,1 I issued a Decision on September 14, 2015. On January 4, 2016, the parties filed a joint stipulation of fact concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total payment of $7,267.25, representing attorneys’ fees and costs of $7,107.25, and $250.00 of costs expended by Petitioners. 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 $7,017.25, in the form of a check payable jointly to Petitioners and Petitioners’ counsel, Richard Gage, 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 $250.00, 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.

Bevill v. Secretary of Health and Human Services, (uscfc 2016).

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