Filed: Feb. 10, 2015
Latest Update: Feb. 10, 2015
Summary: ATTORNEY'S FEES AND COSTS DECISION 1 BRIAN H. CORCORAN , Special Master . On December 14, 2012, Petitioner filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). On November 14, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties' stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On February 4, 201
Summary: ATTORNEY'S FEES AND COSTS DECISION 1 BRIAN H. CORCORAN , Special Master . On December 14, 2012, Petitioner filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). On November 14, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties' stipulation to be reasonable and granting Petitioner the award outlined by the stipulation. On February 4, 2015..
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ATTORNEY'S FEES AND COSTS DECISION1
BRIAN H. CORCORAN, Special Master.
On December 14, 2012, Petitioner filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). On November 14, 2014, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties' stipulation to be reasonable and granting Petitioner the award outlined by the stipulation.
On February 4, 2015, counsel for both parties filed another joint stipulation, this time in regards to attorney's fees and costs. The parties have stipulated that Petitioner's counsel should receive a lump sum of $15,826.05, in the form of a check payable to Petitioner and Petitioner's counsel. This amount represents a sum to which respondent does not object. In compliance with General Order #9, it also indicated that no out-of-pocket litigation related costs had been incurred by Petitioner in proceeding on the petition.
I approve the requested amount for attorney's fees and costs as reasonable. Accordingly, an award should be made in the form of a check in the amount of $15,826.05 payable jointly to Petitioner and Petitioner's counsel, Diana L. Stadelknikas Sedar, Esq. 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.2
IT IS SO ORDERED.
STIPULATION OF FACTS CONCERNING ATTORNEYS' FEES AND COSTS
It is hereby stipulated by and between the parties, the following factual matters:
1. Diana L. Stadelknikas Sedar is the attorney of record for petitioner.
2. Petitioner submitted a draft Application for Attorneys' Fees and Costs to respondent's counsel requesting $13,572.00 in attorneys' fees and $2,254.05 costs, for a total amount of $15,826.05
3. Respondent does not object to the total amount.
4. Petitioner's statement regarding General Order #9 was filed on December 19, 2014, indicating that she did not expend any costs in prosecution of her claim.
5. The parties now request that a decision awarding attorneys' fees and costs in the amount of $15,826.05, payable to petitioner and petitioner's counsel, Diana L. Stadelknikas Sedar, be issued.
6. Petitioner understands that the payment totaling $15,826.05 represents all attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e).
7. Nothing in this Stipulation, including the amounts set forth in paragraph 2, should be construed as an admission, concession, or waiver by either party as to any of the matters raised by petitioner's request for attorneys' fees and costs, including but not limited to the hourly rates requested, the number of hours requested, and other litigation-related costs.
