Lintz v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-784V Filed: August 4, 2015 (Not to be published)

*********************** KRISTIN LINTZ, *

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Petitioner, *

v. * Stipulation; Attorneys’ Fees & Costs

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*********************** Carol Gallagher, Esq., Carol L. Gallagher, Esquire, LLC, Linwood, NJ for petitioner. Debra A. Filteau Begley, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS1 Gowen, Special Master:

In this case under the National Vaccine Injury Compensation Program,2 I issued a decision adopting the parties’ stipulation on July 28, 2015, and awarded compensation to petitioner. On July 30, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs. Additionally, pursuant to General Order #9, petitioner’s counsel asserted that petitioner incurred no personal litigation costs in this matter. Id. at para. 3.

The parties’ stipulation indicates that respondent does not object to the amended amount of $38,481.68 in attorneys’ fees and cost that petitioner is requesting.

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 $38,481.68 in the form of a check payable jointly to petitioner and petitioner’s counsel of record, Carol L. Gallagher, Esq., for petitioner’s attorney 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