Caputo v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-525V Filed: February 27, 2015 (Not to be published)

**************************** LOUIS A. CAPUTO, *

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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. *

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**************************** Lawrence Michel, Esq, Kennedy, Berkley, et al., Salina, KS for petitioner. Heather Pearlman, Esq., U.S. Dep’t. of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS 1

Gowen, Special Master:

In this case under the National Vaccine Injury Compensation Program, 2 I issued a decision adopting the parties’ stipulation on February 26, 2015. On February 27, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Additionally, pursuant to General Order #9, petitioner’s counsel asserted that petitioner incurred no personal litigation costs in this matter. Id. at para. 4.

The parties’ stipulation indicates that respondent does not object to the amended amount of $19,648.35 in attorneys’ fees and cost that petitioner is requesting.

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 $19,648.35 in the form of a check payable jointly to petitioner and petitioner’s counsel of record, Lawrence Michel, for petitioner’s attorney 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