Engels v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 07-804V Filed: July 22, 2014

**************************** JESSICA ENGELS and KAIN ENGELS, * as parents of B.E., *

Petitioners, * Attorney Fees and Costs;

* Agreed Upon Hourly Rates. v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. * **************************** Richard Gage, Esq., Richard Gage, PC, Cheyenne, WY for petitioners Lynn Ricciardella, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Vowell, Chief Special Master:

In a July 17, 2014, status conference, petitioners’ counsel informed the court that the fees and costs decision, filed on May 2, 2014, failed to include an award of fees for work performed by Mr. Karz-Wagman. The May 2 decision had resolved the contested fees and costs, but inadvertently failed to award these uncontested fees. After examining the fees and costs application, respondent’s counsel agreed that the fees claimed for Mr. Karz-Wagman were not contested and that she had no objection to petitioners request to correct this error.

Based on my review of the petitioners’ motion for final attorneys’ fees and costs, a supplemental award of $5,814.00 is appropriate.

I hold petitioners are entitled to reasonable attorneys’ fees and costs pursuant to §§ 15(b) and (e)(1). For the reasons contained herein, I hereby award a lump sum of $5,814.00 in the form of a check payable jointly to petitioners, Ms. Jessica Engels and Mr. Kain Engels, and petitioners’ counsel of record, Mr. Richard Gage, for petitioners’ attorney fees and costs.

The clerk of the court shall enter judgment in accordance herewith.2 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Chief Special Master