Pereyra v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-195V (E-Filed: October 3, 2014)

* * * * * * * * * * * * * * * * MICHAEL PEREYRA, as Guardian * UNPUBLISHED Ad Litem, for minor son, M.S.P., Jr., *

* Special Master Petitioners, * Hamilton-Fieldman

*

v. * Decision on Attorneys’ Fees

* and Costs; Reasonable Amount SECRETARY OF HEALTH * Requested to Which Respondent AND HUMAN SERVICES, * Does Not Object.

*

Respondent. *

* * * * * * * * * * * * * * * * Neal J. Fialkow, Neal Fialkow, Esq., Pasadena, CA, for Petitioners.

Ann D. Martin, 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 Petitioner, Michael Pereyra, filed a petition on behalf of his minor child, M.S.P., Jr., on March 26, 2012. On October 3, 2014, the parties filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests a total payment of $46,500.00, representing total attorneys’ fees and costs. Pursuant to General Order #9, Petitioner stated that he has 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 $46,500.00, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Neal J. Fialkow, 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