Cox v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 13-238V Filed: April 9, 2015 (Not to be published)

*********************************************** JAMES COX, *

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

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SECRETARY OF THE DEPARTMENT * OF HEALTH AND HUMAN SERVICES, *

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Respondent. *

*********************************************** Leonard Mark, Esq., Tiffany & Bosco, P.A., Phoenix, AZ for petitioner. Claudia Gangi, Esq., U.S. Department 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 on September 24, 2014, adopting the parties’ stipulation for award. On April 8, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Pursuant to General Order #9, petitioner’s counsel represented that petitioner has not personally incurred any litigation costs in this matter.

The parties’ stipulation indicates that respondent does not object to the amended amount of $19, 234.54 that petitioner is requesting for attorneys’ fees & 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 $19, 234.54 in the form of a check payable jointly to petitioner and petitioner’s attorney, Leonard Mark, 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

3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a).