Richard Thomas and Katie Thomas, as Parents, Guardians and Next Friends of Connor Thomas, a Minor v. Secretary of Health and Human Services 0

In the United States Court of Federal Claims No. 03-1442V Filed: October 25, 2013 Not to be Published **************************** RICHARD THOMAS and * KATIE THOMAS, as parents, * guardians and next friends of * CONNOR THOMAS, a minor, * * Autism; Attorneys’ Fees and Costs Petitioners, * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES * * Respondent. * * **************************** DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On October 14, 2011, petitioners filed a motion for attorneys’ fees and costs. In compliance with Vaccine General Order #9, petitioners filed a statement on December 21, 2011, indicating they personally incurred no costs that are compensable under § 15 (e)(1).

On October 25, 2013, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and Costs. After informal discussions, the parties have agreed on $12,358.79 in attorneys’ fees and costs.

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to redact medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will redact such material from public access.

The request for attorneys’ fees and costs is granted. Petitioners are awarded reasonable attorneys’ fees and costs pursuant to §§ 15(b) and (e)(1), as I find that the petition was brought in good faith and upon a reasonable basis, and the amounts requested are reasonable and appropriate.

Accordingly, I hereby award the total amount of $12,358.79 as follows:  a lump sum of $11,096.84, in the form of a check payable jointly to petitioners and the former law firm of petitioners’ counsel, The Wilner Firm; and  a lump sum of $1,261.95, in the form of a check payable jointly to petitioners and petitioners’ counsel, Erin Juzapavicus.

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/Denise K. Vowell Denise K. Vowell Chief Special Master

Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a).