Bevill v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 06-809V (Not to be published)

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* ROBERT T. BEVILL * and JANICE BEVILL, parents and * natural guardians of RCB, a minor, *

* Petitioners, *

* Filed: January 6, 2016 v. *

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

* Respondent. *

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DECISION (ATTORNEYS’ FEES AND COSTS)

In this case under the National Vaccine Injury Compensation Program,1 I issued a Decision on September 14, 2015. On January 4, 2016, the parties filed a joint stipulation of fact concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total payment of $7,267.25, representing attorneys’ fees and costs of $7,107.25, and $250.00 of costs expended by Petitioners.

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):

• a lump sum of $7,017.25, 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