Case Information
*1 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1490V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * *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, *
*
Petitioner, *
* Filed: October 3, 2016 v. *
* Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES *
*
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):
*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.
