Allen v. Hhs

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 02-1237V (Not to be published)

************************* * COLLEEN BOSTON MADARIAGA * and JAMES ALLEN, parents and * guardians of A.A., a minor, * * Petitioners, * * Filed: March 22, 2016 v. * * Autism; Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * *************************

DECISION (ATTORNEYS’ FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,1 a Decision issued on September 26, 2015. On March 7, 2016, Petitioners filed an Application for Attorneys’ Fees and Costs, requesting a total payment of $10,606.55, representing attorneys’ fees and costs of $10, 050.80, and $555.75 of costs expended by Petitioners. On March 18, 2016, Respondent filed a statement indicating that Respondent has no objection to this request.

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 $10,050.80, in the form of a check payable jointly to Petitioners and Petitioners’ counsel, Ronald C. Homer, on account of services performed by counsel’s law firm.

The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012). • a lump sum of $555.75, 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

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.