DocketNumber: 1:10-vv-00130
Judges: Denise Kathryn Vowell
Filed Date: 8/28/2014
Status: Non-Precedential
Modified Date: 4/18/2021
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 10-130V Filed: August 5, 2014 ******************************** RONALD S. HALL, JR. and TONI E. HALL, * as parents and natural guardians of, * P.H., * Petitioners, * Stipulation; Attorney Fees and Costs v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * ******************************** Diana Stadelnikas Sedar, Esq., Maglio Christopher & Toale, P.A., Sarasota, FL for petitioners. Traci R. Patton, Esq., US Department of Justice, Washington, DC for respondent. DECISION ON ATTORNEY FEES AND COSTS 1 Vowell, Chief Special Master: In this case under the National Vaccine Injury Compensation Program, 2 I issued a decision on March 7, 2014, that awarded compensation pursuant to the parties’ joint stipulation. On August 4, 2014, the parties filed a stipulation for attorney fees and costs. The stipulation indicates that the parties discussed the fees and costs informally, and based on those discussions, the parties have agreed on $49,000.00 in attorneys’ fees and costs and $7,005.18 in petitioners’ costs for a total of $56,005.18. 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 Therefore, an award for fees and costs is appropriate, 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the total $56,005.18 3 as follows: • a lump sum of $49,000.00 in the form of a check payable jointly to petitioners (Ronald Hall, Jr. and Toni Hall) and petitioners’ counsel of record (Diana Stadelnikas Sedar) for petitioners’ attorney fees and costs, and • a lump sum of $7,005.18 in the form of a check payable to petitioners (Ronald Hall, Jr. and Toni Hall) for their personal litigation costs. The clerk of the court shall enter judgment in accordance herewith. 4 IT IS SO ORDERED. /s Denise K. Vowell Denise K. Vowell Chief Special Master 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS,924 F.2d 1029
(Fed. Cir.1991). 4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a). 2