Brook v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 04-405V

(Not to be published)

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MARCIE BROOK and, * ALAN BROOK, parents * of NB, a minor, *

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Petitioners, *

* Filed: July 2, 2015 v. *

* Decision on Attorneys’

SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES *

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Respondent. *

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DECISION (ATTORNEY FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,1 I issued a decision on May 14, 2015. On July 1, 2015, the parties filed a joint stipulation of facts regarding attorneys’ fees and costs in this matter. The parties’ stipulation requests a total payment of $91,366.23, representing attorneys’ fees and costs of $90,000.00, and $1,366.23 of costs expended by Petitioners.

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 $90,000.00, in the form of a check payable jointly to Petitioners and Petitioners’ counsel, Clifford Shoemaker, 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 $1,366.23, 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.