Roberts v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-99V (Not to be published)

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KATIE ROBERTS, as parent and guardian of her * daughter, E.M.R., *

* Filed: August 3, 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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***************************** Diana L. Stadelnikas Sedar, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner Justine Walters, U.S. Dep’t of Justice, Washington, DC, for Respondent

ATTORNEY’S FEES AND COSTS DECISION1

On February 10, 2012, Katie Roberts filed a petition as parent and guardian of her daughter, E.M.R., seeking compensation under the National Vaccine Injury Compensation Program. On December 12, 2014, Petitioner moved for a Decision on the Record. I issued a decision dismissing the case for insufficient proof on January 16, 2015.

On July 31, 2015, counsel for both parties filed a joint stipulation, in regards to attorney’s fees and costs. The parties have stipulated that Petitioner’s counsel should receive a lump sum of $33,364.54, in the form of a check payable to Petitioner and Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In addition, and in compliance with General Order No. 9, Petitioner has represented that she did incur any reimbursable costs in proceeding on this petition.

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 $33,364.54 payable jointly to Petitioner and Petitioner’s counsel, Diana L. Stadelnikas Sedar, Esq. 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