Wood v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-580V Filed: December 7, 2015

******************************************* MELANIE WOOD, as Legal Representative of * L.W., Deceased Minor Child, *

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Petitioner, * Attorney Fees and Costs; Stipulation.

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v. *

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SECRETARY OF HEALTH * AND HUMAN SERVICES, *

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Respondent. *

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******************************************* Anne Carrión Toale, Esq., Maglio Christopher and Toale, Sarasota, FL, for petitioner. Amy Paula Kokot, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Roth, Special Master:

In this case under the National Vaccine Injury Compensation Program,2 the chief special master issued a decision dismissing the petition on June 15, 2015. On December 4, 2015, the parties filed a stipulation for attorney fees and costs. The stipulation indicates that respondent does not object to the amount petitioners are requesting. Additionally, pursuant to General Order #9, a declaration filed by petitioner notes that petitioner did not incur any costs.

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(e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the following:

A lump sum of $11,785.00 in the form of a check payable jointly to petitioner and petitioner’s counsel of record, Anne Toale, for petitioner’s attorney fees and costs.

The clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master