1



### IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 0 9

- 300 V

Filed: J anuary 15, 2015

( Not for Publication )

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

KIM CASTALDI and *

RICHARD CASTALDI, *

parents and next of kin to V .C. , a minor, *

*

Petitioner s

, * Stipulation; F inal Attorney Fees

* and Costs

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Andrew Downing, Esq.

, Hennelly & Steadman, P.C.

, Phoenix, AZ, for petitioners

. Darryl Wishard, Esq. , U.S. Dept. of Justice, Washington, DC, for respondent

.

DECISION on FINAL ATTORNEY S ’ FEES and COSTS 1

Vowell , Special Master:

On J anuary 15, 2015 , the parties filed a Stipulation of Fact Regarding F in al

Attorneys’ Fees and Costs [“Stipulation”]

, wherein they explained that based on

discussion of petitioners’ draft application for f inal fees and costs, petitioner s amended

their final fees and costs request

. Respondent does not object to th e amended amount

of $18,0 00.00 2 that petitioners are seeking. Pursuant t o General Order #9, petitioners ’

counsel represents that petitioners have incurred no out

- of

- pocket expenses in the

proceedings on the petition.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post this decision on the United States Court of Federal Claims' website, in accordance with the E

Governmen t Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44

U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify

and move to delete medical or other information, that satisfie s the criteria in § 300aa

- 12(d)(4)(B). Further,

consistent with the rule requirement, a motion for redaction must include a proposed redacted decision.

If, upon review, I agree that the identified material fits within the requirements of that provision, I will

delete such material from public access.

2 This amount covers all attorneys’ fees and costs incurred between M ay 1 , 2013 and Present

. Stipulation at ¶ 4

. O n September 18, 2013, petitioners were awarded a lump sum of $55,000.00 for

interim attorneys’ fees and costs through April 30, 2013.2

I find 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

reason able and appropriate. Accordingly, I hereby award the total $18,000.00 3 as

follows:

 A lump s u m of $1,789.75 in the form of a check payable to Kim

Castaldi, Richard Castaldi, Andrew D. Downin g, and Hennelly &

Steadman, PLC ;

 A lump su m of $16,210.25 in the form of a check payable to

Kim Castaldi, Richard Castaldi, Andrew D. Downing, and Vann Cott &

Talamante, PLLC

.

The clerk of the court shall enter judgment in accordance herewith. 4

IT IS SO ORDERED.

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.

Furthermore, 42 U.S.C. § 300aa

- 15(e)(3) preven ts an attorney from charging or collecting fees (including

costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS , 924

F.2d 1029 (Fed. Cir.1991).

4 Entry of judgment can be expedited by each party’s filing of a not ice renouncing the right to seek review.

See Vaccine Rule 11(a).