Richard Clark v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 11-061V

(Not to be published)

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* RICHARD CLARK, *

* Petitioner, *

* Filed: April 26, 2013 v. *

* Attorney Fees and Costs *

SECRETARY OF HEALTH AND * HUMAN SERVICES *

* Respondent. *

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DECISION1 (ATTORNEY FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,2 I issued a decision on September 26, 2012. On April 25, 2013, Petitioner’s counsel filed a Stipulation of Attorneys’ Fees and Costs. The parties’ stipulation requests a total payment of $21,000.00, representing all attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). In accordance with General Order #9, the stipulation includes a statement that Petitioner incurred no reimbursable costs in pursuit of his 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 $21,000.00, as a lump sum in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Isaiah Kalinowski, forwarded to the main office of Maglio, Christopher, & Toale, located at 1605 Main Street, Suite 710, Sarasota, Florida 34236.

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