Linda Schur v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-493V (Not to be published)

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LINDA SCHUR, * *

Petitioner, * * Filed: May 3, 2013 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * *

Respondent. * * *************************

DECISION1 (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,2 Chief Special Master Campell-Smith, issued a decision on November 26, 2012. On May 3, 2013, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $21,500.00, representing attorney’s fees and costs. In accordance with General Order #9, the stipulation includes a statement 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 $21,500.00, 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, and 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/ Lisa Hamilton-Fieldman. Lisa Hamilton-Fieldman Special Master