Hood v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-748V (Not to be published)

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* GREGORY HOOD, *

* Filed: June 5, 2014

Petitioner, *

* Decision by Stipulation; Attorneys’ v. * Fees & Costs

* SECRETARY OF HEALTH AND * HUMAN SERVICES, *

* Respondent. *

* ************************* Christopher J. Maley, Maley and Maley, PLLC, Burlington, VT, for Petitioner Heather Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent

ATTORNEYS’ FEES AND COSTS DECISION 1 On September 27, 2013, Petitioner Gregory Hood filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On May 23, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. That same day, I issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation.

On June 5, 2014, counsel for both parties filed another joint stipulation, this time regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $18,586.81 in the form of a check jointly payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In accordance with General Order #9, the stipulation also includes a statement that Petitioner incurred no reimbursable costs in pursuit of his claim.

I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly, an award should be made in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Christopher J. Maley, Esq., in the amount of $18,586.81. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 2

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran Special Master