Bevill v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 06-808V (Not to be published)

************************* * ROBERT BEVILL * and JANICE BEVILL, * as parents of CB, a minor, * * Petitioners, * * Filed: September 16, 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 February 18, 2015. On July 30, 2015, Petitioners filed an Application for award of attorneys’ fees and costs in this matter. Petitioners’ Application requests a total payment of $1,352.50, representing attorneys’ fees and costs of $1,102.50, and $250 of costs expended by Petitioners.

Respondent has not filed any objection to Petitioners’ Application for award of attorneys’ fees and costs.

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):

The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). • a lump sum of $1,102.50, in the form of a check payable jointly to Petitioners and Petitioners’ counsel, Richard Gage, 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.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.