Nichols v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1490V (Not to be published)

************************* * MATT NICHOLS, * * Petitioner, * * Filed: October 3, 2016 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * *************************

DECISION (ATTORNEYS’ FEES AND COSTS) HASTINGS, Special Master

In this case under the National Vaccine Injury Compensation Program,1 I issued an Order Concluding Proceedings on August 9, 2016. On September 29, 2016, Petitioner filed an application for attorneys’ fees and costs in this matter. Petitioner’s counsel requested a total payment of $9,835.00, representing attorneys’ fees of $8,135.00, attorneys’ costs of $1,300.00, and $400.00 of costs expended by Petitioner. The application indicates that Petitioner’s counsel has conferred with Respondent’s counsel, and represents that Respondent has no objection to the amounts requested by Petitioner. 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):

1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012). • a lump sum of $9,435.00, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, David P. Murphy, on account of services performed by counsel’s law firm. • a lump sum of $400.00, in the form of a check payable to Petitioner, which represents Petitioner’s 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.