Dorkoski v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-1022V

(Not to be published)

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* MICHAEL DORKOSKI * and LISA WHISPELL, parents and * natural guardians of M.D., a minor, *

* Petitioners, *

* Filed: September 29, 2015 v. *

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

* Respondent. *

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DECISION (ATTORNEY FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,1 I issued an Order Concluding Proceedings, pursuant to Vaccine Rule 21(a), on August 25, 2015. On September 25, 2015, the parties filed a joint stipulation of fact concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $9,535.76, representing attorney’s fees and costs for work performed by the law firm of Jeffrey A. Golvash.

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), and Vaccine Rule 10(d)(3). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the total $9,535.76 as a lump sum in the form of a check payable jointly to Petitioners and Petitioners’ counsel, Jeffrey A. Golvash.

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