Arturo Rodriguez, an Individual v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-786V (Not to be published)

*********************** ARTURO RODRIGUEZ, an * individual, *

* Petitioner, *

* Filed: June 5, 3013 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 a Decision was issued by Chief Special Master Campbell-Smith on November 2, 2012. The parties filed a stipulation on May 31, 2013, concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a payment of $12,900.38, representing attorney’s fees and costs. Pursuant to General Order #9, Petitioner stated that he has not paid any costs or fees associated with this application.

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 of $12,900.38, as a lump sum in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Erin A. Juzapavicus, Esq. Milam Howard Nicandri Dees & Gillam, P.A., 14 East Bay Street, Jacksonville, FL, 32202.

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