Chiasson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-025V (Not to be published)

*************************

* MARK CHIASSON, *

* Petitioner, *

* Filed: December 21, 2016 v. *

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

* Respondent. *

* *************************

DECISION (ATTORNEYS’ FEES AND COSTS)

HASTINGS, Special Master

In this case under the National Vaccine Injury Compensation Program,1 I issued an Order Concluding Proceedings on October 14, 2016. On November 30, 2016, Petitioner filed an application for attorneys’ fees and costs in this matter. Petitioner requests a total of $9,541.33, representing $7,746.00 for attorneys’ fees, and $1,795.33 for attorneys’ costs. In accordance with General Order #9, Petitioner’s application indicates that Petitioner incurred no reimbursable costs in pursuit of his claim. On December 19, 2016, Respondent filed a statement indicating that Respondent does not object to the overall amount requested.

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 $9,541.33, in the form of a check payable jointly to Petitioner and

Petitioner’s counsel, David J. Schexnaydre, on account of services performed by counsel’s law firm.

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