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(Not to be published)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.
1
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
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.
Allen v. Hhs
Combined Opinion