Filed: Nov. 18, 2014
Latest Update: Nov. 18, 2014
Summary: DECISION 1 LISA HAMILTON-FIELDMAN, Special Master. On January 30, 2013, Michael Parker Rittiner ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 et seq . (2006) ("Vaccine Act"). Petitioner alleged that he suffered from fatigue, loss of appetite, difficulty concentrating, and nausea, and that this injury had been caused by the H1N1 vaccine received on December 17, 2009 and the Trivalent Influenza vaccine received on January
Summary: DECISION 1 LISA HAMILTON-FIELDMAN, Special Master. On January 30, 2013, Michael Parker Rittiner ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 et seq . (2006) ("Vaccine Act"). Petitioner alleged that he suffered from fatigue, loss of appetite, difficulty concentrating, and nausea, and that this injury had been caused by the H1N1 vaccine received on December 17, 2009 and the Trivalent Influenza vaccine received on January ..
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DECISION1
LISA HAMILTON-FIELDMAN, Special Master.
On January 30, 2013, Michael Parker Rittiner ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 et seq. (2006) ("Vaccine Act"). Petitioner alleged that he suffered from fatigue, loss of appetite, difficulty concentrating, and nausea, and that this injury had been caused by the H1N1 vaccine received on December 17, 2009 and the Trivalent Influenza vaccine received on January 22, 2010. Petition ("Pet") at 1-4. On September 25, 2014, the undersigned issued a decision dismissing the petition.
On November 17, 2014, the parties filed a Stipulation of Fact Concerning Final Attorneys' Fees and Costs. This stipulation requests a total payment of $26,000.00, representing total attorneys' fees and costs. In compliance with General Order #9, Petitioner represents that no personal, out-of-pocket expenses were incurred in proceeding on the petition.
The undersigned finds that the petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, the undersigned hereby awards the amount of $26,000.00, in the form of a check made payable jointly to Petitioner and Petitioner's counsel, Nancy R. Meyers.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties' stipulation.
IT IS SO ORDERED.
