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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 08

- 720

Filed: March 10 , 2015

* * * * * * * * * * * * * * * * * * * * * * * * * * *

DAVID P. PEDDY and ALYSIA A. PEDDY, * UNPUBLISHED

legal representatives of a minor child, *

D.P.P, JR.

, * Special Master Hamilton

- Fieldman

*

Petitioner s

, *

v. * Attorneys’ Fees and Costs; Reasonable Amount

* Requested to which Respondent Does Not

SECRETARY OF HEALTH * Object.

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * *

John W. Frost, II

, F rost, Van D en Boom & Smith , P.A. , Bartow, FL , for Petitioner s

. Ann D. Martin , United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On October 9, 2008

, David and Alysia Peddy (“Petitioner s ”) filed a petition on behalf of their

minor child, D.P.P., Jr.

, pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§

300aa

- 1 to

- 34 (2006). Petitioner s alleged that the measles, mumps, and rubella (“MMR”) vaccination

administered to D.P.P., Jr., on October 10, 2006 , either caused or signi ficantly aggravated hi s seizure

disorder and developmental delays

. On September 19, 2012

, Special Master Golkiewicz , the Special

Master previously assigned to this case, ruled that Petitioners were entitled to compensation for D.P.P.,

Jr.’s injuries. O n August 7, 2013, the undersigned issued a decision awarding damages t o Petitioners

based on Respondent’s uncontested Proffer

.

1 The undersigned intends to post this unpublished decision on the United States Court of Federal

Claims’ website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107 347, § 205, 116

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 not e (2006)). As provided by Vaccine Rule

18(b), each party has 14 days within which to file a motion for redaction “of any information furnished by

that party (1) that is trade secret or commercial or financial information and is privileged or confidential,

or (2) that are medical files and similar files the disclosure of which would constitute a clearly

unwarranted invasion of privacy.” In the absence of such motion, the entire decision will be available to

the public. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42

U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citati ons in this decision to individual

sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

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On March 9 , 2015, Petitioners filed a Stipulation of Facts Concerning Final Attorneys’ Fees and

Costs

. Pursuant to their Stipulation, t he parties have agreed to an award of $ 295,000.00 in attorneys’ fees

and cost s. In accordance with General O rder Number 9, Petitioner s represent that they did not personally

incur any expenses in pursuit of t his claim.

The undersigned finds that this 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 undersi gned hereby awards the amount of $ 295,000.00 , in the form of a check

made payable jointly to Petit ioner s and Petitioner s ’ counsel, John W. Frost, II , of the Frost, Van

Den Boom & Smith, P.A.

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. 3

IT IS SO ORDERED.

/s/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.