In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1490V
(Not to be published)
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MATT NICHOLS, *
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Petitioner, *
* Filed: October 3, 2016
v. *
* Decision on Attorneys’
SECRETARY OF HEALTH AND * Fees and Costs
HUMAN SERVICES *
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Respondent. *
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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 August 9, 2016. On September 29, 2016, Petitioner filed an
application for attorneys’ fees and costs in this matter. Petitioner’s counsel requested a total
payment of $9,835.00, representing attorneys’ fees of $8,135.00, attorneys’ costs of $1,300.00,
and $400.00 of costs expended by Petitioner. The application indicates that Petitioner’s counsel
has conferred with Respondent’s counsel, and represents that Respondent has no objection to the
amounts requested by Petitioner.
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):
1
The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012).
• a lump sum of $9,435.00, in the form of a check payable jointly to Petitioner
and Petitioner’s counsel, David P. Murphy, on account of services performed by
counsel’s law firm.
• a lump sum of $400.00, in the form of a check payable to Petitioner, which
represents Petitioner’s 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.