Flores v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-489V (Not to be published) ************************* * VALERIA FLORES, * * Petitioner, * * Filed: July 2, 2015 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs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 I issued a decision on September 12, 2013. On July 30, 2015, the parties filed a stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total payment of $137,500.00, representing all attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e). In accordance with General Order #9, the stipulation includes a statement that Petitioner incurred no reimbursable costs in pursuit of his claim. 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(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the total $137,500.00 as a lump sum in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Clifford Shoemaker. 1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012). 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 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.