Gaynor v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 10-817V (E-Filed: September 3, 2014)

* * * * * * * * * * * * * * * JAN GAYNOR, * UNPUBLISHED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, PA, Sarasota, FL, for Petitioner. Lisa A. Watts, 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 August 12, 2014. On September 3, 2014, the parties filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests a total payment of $54,328.00, representing total attorneys’ fees and costs. Pursuant to General Order #9, the stipulation reflects that Petitioner incurred no costs in pursuit of his claim.

The undersigned finds 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, the undersigned hereby awards the amount of $54,328.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Diana Stadelnikas Sedar, Esq, forwarded to the address of 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