Lebel v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-897V Filed: October 29, 2014

* * * * * * * * * * * * * * * LAURA J. LEBEL, * UNPUBLISHED

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Petitioner, * Special Master Hamilton-Fieldman

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v. *

* Decision on Attorneys’ Fees and Costs; SECRETARY OF HEALTH AND * Reasonable Amount Requested to HUMAN SERVICES, * which Respondent Does Not Object.

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Respondent. * .

* * * * * * * * * * * * * * * Paul M. Iannaccone, RisCassi & Davis, P.C., Hartford, CT, for Petitioner.

Gordon Shemin, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION 1 (ATTORNEY FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program, 2 the undersigned issued a decision awarding compensation on September 19, 2014. On October 28, 2014, the parties filed a Stipulation for Attorneys’ Fees and Costs. This stipulation requests that the undersigned approve an award of $24,536.28 in total attorneys’ fees and costs. Pursuant to General Order #9, the stipulation reflects that Petitioner personally incurred no costs in pursuit of her 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 $24,536.28, in the form of a check made payable jointly to Petitioner and Petitioner’s counsel, Paul Iannaccone, of the law firm of RisCassi & Davis, P.C.

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