Edgar v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-1098V Filed: September 1, 2015 (Not to be published)

**************************** JEFFREY EDGAR, *

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Petitioner, *

v. * Stipulation; Attorneys’ Fees & Costs

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

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**************************** Elaine Whitfield Sharp, Esq., Whitfield, Sharp & Sharp, Marblehead, MA for petitioner. Gordon Shemin, Esq., U.S. Dep’t of Justice, Washington, D.C., for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Gowen, Special Master:

In this case under the National Vaccine Injury Compensation Program,2 I issued on July 31, 2015, a decision dismissing the petition in response to petitioner’s motion for a decision dismissing his petition. On September 1, 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. 4.

The parties’ stipulation indicates that respondent does not object to the amount of $2,500.00 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 $2,500.00 in the form of a check payable jointly to petitioner and petitioner’s counsel of record, Elaine Whitfield Sharp, 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