Judges: George L. Hastings
Filed: Jan. 29, 2016
Latest Update: Mar. 02, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 06-809V (Not to be published) ************************* * ROBERT T. BEVILL * and JANICE BEVILL, parents and * natural guardians of RCB, a minor, * * Petitioners, * * Filed: January 6, 2016 v. * * 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
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 06-809V (Not to be published) ************************* * ROBERT T. BEVILL * and JANICE BEVILL, parents and * natural guardians of RCB, a minor, * * Petitioners, * * Filed: January 6, 2016 v. * * 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,..
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 06-809V
(Not to be published)
*************************
*
ROBERT T. BEVILL *
and JANICE BEVILL, parents and *
natural guardians of RCB, a minor, *
*
Petitioners, *
* Filed: January 6, 2016
v. *
* 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 I issued a
Decision on September 14, 2015. On January 4, 2016, the parties filed a joint stipulation of fact
concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total
payment of $7,267.25, representing attorneys’ fees and costs of $7,107.25, and $250.00 of costs
expended by Petitioners.
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 $7,017.25, in the form of a check payable jointly to Petitioners
and Petitioners’ counsel, Richard Gage, on account of services performed by
counsel’s law firm.
1
The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012).
• a lump sum of $250.00, 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
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.