Theresa Jenerou v. Secretary of Health and Human Services 1

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 11-0173V

(Not to be published)

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* THERESA JENEROU, *

* Petitioner, *

* Filed: February 6, 2013 v. *

* Decision on Attorney’s SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES *

* Respondent. *

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DECISION1 (ATTORNEY FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,2 a decision issued on September 11, 2012. On January 5, 2013, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $54,206.40, 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 $54,206.40 as a lump sum in the form of a check payable jointly to petitioner and petitioner’s counsel, Gil L. Daley, II.

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