Curley v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 05-744V Filed: May 13, 2014

******************************** RICHARD CURLEY and * THERESA CURLEY, parents of * T.C., a minor, *

* Petitioners, * Autism; Stipulation; v. * Attorney Fees and Costs

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. * ******************************** Robert Krakow, Esq. Law Office of Robert Krakow, P.C., New York, NY for petitioners. Lynn Ricciardella, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Vowell, Chief Special Master:

In this case under the National Vaccine Injury Compensation Program, 2 I issued a decision on October 24, 2013, that dismissed this case. On May 12, 2014, the parties filed a stipulation for attorney fees and costs and a statement pursuant to General Order #9 conveying that petitioners incurred no personal litigation costs. The stipulation indicates that after informal discussions, petitioners amended their fees and costs request to an amount that respondent does not object.

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 $28,885.44 3 in the form of a check payable jointly to petitioners and petitioners’ counsel of record for petitioners’ attorney fees and costs.

The clerk of the court shall enter judgment in accordance herewith. 4 IT IS SO ORDERED. s/ Denise K. Vowell Denise K. Vowell Chief Special Master

Furthermore, 42 U.S.C. § 300aa-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, HHS, 924 F.2d 1029 (Fed. Cir. 1991).