Case Information
*1 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-944V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * *
*
KRISTY M. SUH and *
DANNY PASAWONGSE, *
on behalf of their minor daughter, IYP, *
*
Petitioners, *
* Filed: February 14, 2017 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 November 10, 2016. On February 2, 2017, Petitioners filed an Application for Attorneys’ Fees and Costs, requesting a total payment of $5,213.89, representing attorneys’ fees and costs of $4,813.89, and $400.00 of costs expended by Petitioners. On February 14, 2017, Respondent filed a statement indicating that Respondent does not object to the overall amount requested.
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 $4,813.89, in the form of a check payable jointly to Petitioners
and Petitioners’ counsel, Michael A. Firestone, on account of services performed by counsel’s law firm.
*2 • a lump sum of $400.00, 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
[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.
