Castaldi v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 09-300V Filed: January 15, 2015

(Not for Publication) **************************** KIM CASTALDI and * RICHARD CASTALDI, * parents and next of kin to V.C., a minor, *

*

Petitioners, * Stipulation; Final Attorney Fees

* and Costs SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

**************************** Andrew Downing, Esq., Hennelly & Steadman, P.C., Phoenix, AZ, for petitioners. Darryl Wishard, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.

DECISION on FINAL ATTORNEYS’ FEES and COSTS1

Vowell, Special Master:

On January 15, 2015, the parties filed a Stipulation of Fact Regarding Final Attorneys’ Fees and Costs [“Stipulation”], wherein they explained that based on discussion of petitioners’ draft application for final fees and costs, petitioners amended their final fees and costs request. Respondent does not object to the amended amount of $18,000.002 that petitioners are seeking. Pursuant to General Order #9, petitioners’ counsel represents that petitioners have incurred no out-of-pocket expenses in the proceedings on the petition.

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 $18,000.003 as follows:

 A lump sum of $1,789.75 in the form of a check payable to Kim

Castaldi, Richard Castaldi, Andrew D. Downing, and Hennelly & Steadman, PLC;

 A lump sum of $16,210.25 in the form of a check payable to

Kim Castaldi, Richard Castaldi, Andrew D. Downing, and Vann Cott & Talamante, PLLC.

The clerk of the court shall enter judgment in accordance herewith.4 IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Chief Special Master