Schwartz v. Hhs

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 02-48V Filed: January 28, 2015

Not for Publication *********************************************** SHERYL SCHWARTZ, mother and * natural guardian of A.S., a minor, *

*

Petitioner, * Attorney Fees and Costs;

* Stipulation v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*********************************************** Clifford J. Shoemaker, Esq., Shoemaker and Associates, Vienna, VA, for petitioner. Traci R. Patton, Esq., United States Dep’t of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY’S FEES AND COSTS1

Vowell, Chief Special Master:

In this case under the National Vaccine Injury Compensation Program [hereinafter “the Program”],2 petitioner filed a motion for an award of attorney fees and costs on January 10, 2015. On January 26, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs [“Stipulation”]. Both filings include a statement pursuant to General Order #9 setting forth petitioner’s personal litigation costs. The Stipulation indicates that, after informal discussions with respondent, petitioner now request an amount to which respondent does not object.

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 $28,400.003 as follows:

 a lump sum of $28,250.00 in the form of a check payable jointly to petitioner, Sheryl Schwartz, and petitioner’s counsel of record for petitioner’s attorney fees and costs, and

 a lump sum of $150.00 in the form of a check payable to petitioner,

Sheryl Schwartz, for her personal litigation costs.

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