Ho v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-025V (Not to be published) ************************* * RANDALL HO, * * Petitioner, * * Filed: October 3, 2016 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs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 a Decision issued on August 8, 2016. On September 21, 2016, Petitioner filed an Application for Attorneys’ Fees and Costs, requesting a total payment of $23,416.09, representing attorneys’ fees of $21,307.70, and $2,108.39 of attorneys’ costs. On September 22, 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 $23,416.09, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Edward Kraus, 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). 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.