Wallace v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-627V (E-Filed: April 14, 2014) * * * * * * * * * * * * * * *

JOE B. WALLACE, * UNPUBLISHED *

Petitioner, * Special Master * Hamilton-Fieldman v. * * Decision on Attorneys’ Fees and Costs. SECRETARY OF HEALTH AND *

HUMAN SERVICES, * *

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

Robert J. Krakow, Law Office of Robert J. Krakow, P.C., for Petitioner.

Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION1 (ATTORNEY FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,2 the undersigned issued a decision on January 16, 2014. On April 14, 2014, the parties filed a stipulation concerning attorney’s fees and costs in this matter. The parties’ stipulation requests an award of final attorneys’ fees and costs in the amount of $131,211.99, to be split jointly between Petitioner and Petitioner’s counsel, and an award of costs pursuant to General Order # 9, in the amount of $3,153.36, payable solely to Petitioner.

The undersigned finds 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, the undersigned hereby awards the total $131,211.99, as a lump sum in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Robert J. Krakow, Esq. The undersigned additionally awards the total of $3,153.36, payable solely to Petitioner.

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 D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master