United States Court of Federal Claims, 2013

Dennis Bailey and Minerva Bailey, Parents of Derek M. Bailey, a Minor v. Secretary of Health and Human Services 0

United States Court of Federal Claims · Decided May 31, 2013

Opinion

In the United States Court of Federal Claims

No.05-0531V

Filed: February 8, 2013 Not to be Published

**************************** DENNIS BAILEY and * MINERVA BAILEY, parents of * DEREK M. BAILEY, a minor, *

* Autism; Attorneys’ Fees and Costs Petitioners, *

* v. *

* SECRETARY OF HEALTH AND * HUMAN SERVICES *

* Respondent. *

* ****************************

DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1 On February 8, 2013, petitioners filed an unopposed motion for award of final attorneys’ fees and reimbursement of costs in this case. Petitioners are entitled to reasonable attorneys’ fees and costs pursuant to §§ 15(b) and (e)(1). Respondent has reviewed the motion and does not object. Petitioners seek attorneys’ fees and costs in the amount of $3,830.00. In lieu of filing a Vaccine General Order #9 statement, petitioners’ counsel represents that he will reimburse petitioners any costs that petitioners personally incurred that are compensable under § 15 (e)(1).

The request for attorneys’ fees and costs is granted. Petitioners are awarded reasonable attorneys’ fees and costs pursuant to §§ 15(b) and (e)(1), as I find that the petition was brought in good faith and upon a reasonable basis, and the amounts requested are reasonable and appropriate.

Pursuant to §15(e), I award a lump sum of $3,830.002 to be paid in the form of a check payable jointly to the petitioners and petitioners’ counsel, Conway, Homer & Chin-Caplan, P.C.

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/Patricia E. Campbell-Smith Patricia E. Campbell-Smith Chief Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y of Dep't Health and Human Services, 924 F.2d 1029 (Fed. Cir. 1991). 3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a).

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