Gray v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

(Filed: October 27, 2015) * * * * * * * * * * * * * * * UNPUBLISHED SAMUEL GRAY, *

* No. 13-880V Petitioner, *

* v. * Special Master Roth

* SECRETARY OF HEALTH * Attorneys’ Fees and Costs; AND HUMAN SERVICES, * Reasonable Amount Requested to

* which Respondent does Not Respondent. * Object

* * * * * * * * * * * * * * * * Verne E. Paradie, Jr., Maglio, Paradie Sherman Walker and Worden, Lewiston, ME for petitioner.

Gordon E. Shemin, U.S. Dept. of Justice, Washington, DC for respondent.

ATTORNEYS’ FEES AND COSTS DECISION1

On October 21, 2015, a decision dismissing this case for insufficient proof was entered. On October 27, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, respondent does not object to a total award of attorneys’ fees and costs in the amount of $10,534.20. In accordance with General Order #9, petitioner incurred $1,500.00 in out-of-pocket litigation expenses.

The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s motion for approval and payment of attorneys’ fees and costs.

Accordingly, an award should be made as follows:

1. in the form of a check jointly payable to petitioner and Verne E. Paradie in the amount of $10,534.20.

2. in the form of a check payable to petitioner in the amount of $1,500.00. 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/Mindy Michaels Roth Mindy Michaels Roth Special Master