Falcone v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 10-517V (E-Filed: June 16, 2014)

* * * * * * * * * * * * * * * FRANK FALCONE and KIM FALCONE, * UNPUBLISHED as parents and natural guardians of K.F., a * minor, *

Petitioners, * Special Master

* Hamilton-Fieldman v. *

* Decision on Attorneys’ Fees and Costs. SECRETARY OF HEALTH AND * HUMAN SERVICES, *

*

Respondent. * .

* * * * * * * * * * * * * * * F. John Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for Petitioners. Michael P. Milmoe, 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 May 28, 2014. On June 16, 2014, the parties filed a stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total payment of $111, 523.64, representing total attorneys’ fees and costs. Pursuant to General Order #9, Petitioners stated that they incurred no out-of-pocket litigation costs.

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 amount of $111, 523.64, in the form of a check made payable jointly to Petitioners and Petitioners’ counsel, F. John Caldwell, Jr., Esq.

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