Davis v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 07-046V (Not to be published)

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* DIANE DAVIS and * ANDREW DAVIS, * as parents of J.D., a minor, *

* Petitioners, *

* Filed: May 27, 2015 v. *

* Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES *

* Respondent. *

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DECISION (ATTORNEYS’ FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,1 I issued a Decision on April 20, 2015. On May 22, 2015, the parties filed a Stipulation Regarding Final Attorneys’ Fees and Costs in this matter.2 The parties’ stipulation requests a total payment of $5,407.37, representing attorneys’ fees and costs of $5,157.37, and $250.00 of costs expended by Petitioners.

I find that this Petition was filed and pursued in good faith and with a reasonable basis. Thus, 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 $5,157.37, in the form of a check payable jointly to petitioners and petitioners’ counsel, Patricia Finn, on account of services performed by counsel’s law firm.

• a lump sum of $250.00, in the form of a check payable to petitioners, which represents petitioners’ own litigation expenses in this case. 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.3 IT IS SO ORDERED

/s/ George L. Hastings, Jr.

George L. Hastings, Jr. Special Master