Konar v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-750V (E-Filed: June 17, 2014)

* * * * * * * * * * * * * * * DAVID KONAR, * UNPUBLISHED

* *

Petitioner, * Special Master

* Hamilton-Fieldman v. *

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

* Respondent. * . * * * * * * * * * * * * * * * Diana Stadelnikas Sedar, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner. Claudia Gangi, 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 March 25, 2014. On June 17, 2014, the parties filed a stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total payment of $15, 715.50, representing total attorneys’ fees and costs. Pursuant to General Order #9, Petitioner stated that he incurred $ 475.90 in out-of-pocket 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 $15,715.50, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Diana Stadelnikas Sedar, Esq., Maglio, Christopher & Toale, PA. I additionally award costs of $475.90, in the form of a check made payable 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