Perez v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 12-768V Filed: October 7, 2014 (Not to be published)

**************************** ROSWELL PEREZ, *

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Petitioner, * Stipulation; Attorneys’ Fees & Costs v. *

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

**************************** Mindy Michaels Roth, Esq., Britcher, Leone & Roth, L.L.C., Glen Rock, NJ for petitioner. Justine Daigneault, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Gowen, Special Master:

In this case under the National Vaccine Injury Compensation Program,2 I issued a Decision on August 20, 2014, a decision denying compensation. On October 3, 2014, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Additionally, pursuant to General Order #9, the stipulation notes that petitioner incurred no personal litigation costs.

The parties’ stipulation indicates that respondent does not object to the amount of $8,485.02 that petitioner is requesting for attorneys’ fees and 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:

 a lump sum of $8,485.02 in the form of a check payable jointly to petitioner and petitioner’s attorney, Mindy Michaels Roth, Esq., for petitioner’s attorneys’ fees and costs.

The clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master