Francis Kravetz v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 10-688V Filed: March 22, 2013

**************************** FRANCIS KRAVETZ, *

* Petitioner, *

v. * Attorney Fees and Costs,

* Stipulation *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

**************************** Lawrence Cohan, Esq., Anapol, Schwartz, Philadelphia, PA, for petitioner. Jennifer Reynaud, Esq., U.S. Dept. of Justice, Washington, D.C., for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Vowell, Special Master:

In this case under the National Vaccine Injury Compensation Program,2 I issued a decision on October 2, 2012, awarding compensation pursuant to the parties’ joint stipulation. On March 21, 2013, the parties filed a stipulation for attorney fees and costs. Petitioner has separately submitted an accounting of his attorney’s hours and expenses. Pursuant to General Order #9, petitioner indicates that he did not incur any costs in pursuit of his claim. Further, the stipulation indicates that after informal discussions of petitioner’s initial request, petitioner requests an amended amount to which respondent does not object.

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 $25,017.00 as a lump sum in the form of a check payable jointly to petitioner, Francis Kravitz, and petitioner’s counsel of record, Lawrence Cohan, for petitioner’s attorney fees and costs.

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.3 IT IS SO ORDERED. s/ Denise K. Vowell Denise K. Vowell Special Master