Callahan v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-763V (Not to be published)

************************* * AMANDA CALLAHAN, on * behalf of her minor child, J.B., * * Petitioner, * * Filed: May 7, 2015 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * *************************

DECISION (ATTORNEYS’ FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,1 I issued a decision on April 29, 2015. On May 7, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs in this matter. The parties’ stipulation requests a total payment of $13,500.00, representing all attorneys’ fees and costs.

An award for fees and costs is appropriate at this time, pursuant to 42 U.S.C. § 300aa- 15(b) and (e)(1). Further, the proposed amounts seem reasonable and appropriate. Accordingly, I hereby award the following attorneys’ fees and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1): • a lump sum of $1,500.00, in the form of a check payable jointly to petitioner, Andrew D. Downing, and Hennelly & Steadman, PLC • a lump sum of $12,000.00, in the form of a check payable jointly to petitioner, Andrew D. Downing and Vann Cott & Talamante, PLLC.

The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006).

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.2 IT IS SO ORDERED /s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.