Rotterman v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-791V (E-Filed: July 30, 2014) * * * * * * * * * * * * * * *

ROBERT ROTTERMAN, * UNPUBLISHED * *

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

HUMAN SERVICES, * *

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

Isaiah Kalinowski, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner. Lindsay Corliss, 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 July 29, 2014, the parties filed a stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total payment of $16,752.94, representing total attorneys’ fees and costs. Pursuant to General Order #9, Petitioner stated that he incurred no 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 $16,752.94, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Isaiah Kalinowski, Esq., forwarded to the main office of Maglio, Christopher & Toale, located at 1605 Main Street, Suite 710, Sarasota, Florida 34236.

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