Riley v. Hhs

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 03-561V (Not to be published)

************************* * JULIE RILEY, parent * of T.R., Jr., a minor, * * Petitioner, * * Filed: October 8, 2014 v. * * Decision on Attorney’s SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * *************************

DECISION (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,1 I issued a decision on July 28, 2014. On October 7, 2014, the parties filed a joint stipulation of fact concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $10,986.85, representing attorney’s fees and costs for work performed by the law firm of Robert J. Krakow.

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 total $10,986.85 as a lump sum in the form of a check payable jointly to petitioner and petitioner’s counsel, Robert J. Krakow.

The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006).

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.2 IT IS SO ORDERED /s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.