Sweat v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-329V (Not to be published)

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BARBARA SWEAT, on behalf of S.S., a minor, *

* Filed: May 14, 2015 Petitioner, *

* Decision by Stipulation; Attorney’s v. * Fees & Costs

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SECRETARY OF HEALTH AND * HUMAN SERVICES, *

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Respondent. *

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***************************** Lawrence Joseph Disparti, Holiday, FL, for Petitioner Amy Paula Kokot, Washington, DC, for Respondent

ATTORNEY’S FEES AND COSTS DECISION 1 On April 21, 2014, Barbara Sweat filed a petition on behalf of S.S., a minor, seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). On April 13, 2015, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the stipulation.

On May 14, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney’s fees and costs. The parties have stipulated that Petitioner should receive a total amount of $8,984.83 for fees and costs. Of that amount, $8.946.76 is for attorneys’ fees and costs for the Disparti Law Group, PA, and $38.07 is for out-of-pocket costs incurred by Petitioner, (as represented by Petitioner’s counsel in compliance with General Order #9).

I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of:

• a check in the amount of $8,946.76 payable jointly to Petitioner and Petitioner’s counsel, Lawrence J. Disparti, Esq.; and • an additional check in the amount of $38.07 payable to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 2

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran Special Master