Christine Mainella v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 09-483V (Not to be published)

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* CHRISTINE MAINELLA, *

* Petitioner, *

* Filed: May 8, 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 I issued a decision on November 20, 2012. On May 6, 2013, petitioner’s counsel, Ronald C. Homer, and respondent’s counsel, Heather L. Pearlman, filed a joint Stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $67,214.94, representing attorney’s fees of $39,447.20, attorney’s costs of $27,364.29, and $403.45 of costs expended by petitioner.

An award for fees and costs is appropriate at this time, pursuant to 42 U.S.C. § 300aa- 15(b) and (e)(1). Further, the proposed amounts seem reasonable and appropriate. Accordingly, I hereby award the following attorney’s fees and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1):

• a lump sum of $66,881.49, in the form of a check payable jointly to petitioner and petitioner’s counsel, Ronald C. Homer, on account of services performed by counsel’s law firm.

• a lump sum of $403.45, in the form of a check payable to petitioner, which represents petitioner’s own litigation expenses in this case.

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