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Nichols v. Secretary of Health and Human Services
15-1490
Fed. Cl.
Nov 1, 2016
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Docket
Case Information

*1 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1490V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * *

*

MATT NICHOLS, *

*

Petitioner, *

* Filed: October 3, 2016 v. *

* Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * *

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):

*2 • 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

[1] The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq . (2012).

[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.

Case Details

Case Name: Nichols v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Nov 1, 2016
Docket Number: 15-1490
Court Abbreviation: Fed. Cl.
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