Mark F. Wyvratt v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-533V (Not to be published)

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MARK F. WYVRATT, * *

Petitioner, * * Filed: June 19, 2013 v. * * Decision on Attorney’s SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * *

Respondent. * * *************************

DECISION1 (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,2 I issued a decision on May 16, 2013. On June 18, 2013, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $27,297.87, representing all attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). In accordance with General Order #9, petitioner filed a statement indicating that petitioner incurred no reimbursable costs in pursuit of her claim.

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 $27,297.87 as a lump sum in the form of a check payable jointly to petitioner and petitioner’s counsel, Danielle A. Strait.

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.

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