Filed: Oct. 25, 2019
Latest Update: Oct. 25, 2019
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On June 29, 2018, Sandra Williams, petitioner, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleges that she suffered Guillain-Barre Syndrome ("GBS") as a result of the adverse effects of the influenza ("flu") vaccine administered on November 16, 2015. Petition at 1. On September 6, 2019, a decisi
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On June 29, 2018, Sandra Williams, petitioner, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleges that she suffered Guillain-Barre Syndrome ("GBS") as a result of the adverse effects of the influenza ("flu") vaccine administered on November 16, 2015. Petition at 1. On September 6, 2019, a decisio..
More
DECISION ON ATTORNEYS' FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On June 29, 2018, Sandra Williams, petitioner, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleges that she suffered Guillain-Barre Syndrome ("GBS") as a result of the adverse effects of the influenza ("flu") vaccine administered on November 16, 2015. Petition at 1. On September 6, 2019, a decision was issued by then Chief Special Master Nora Beth Dorsey awarding compensation to petitioner based on the respondent's proffer. (ECF No. 38).
Petitioner has now filed a motion requesting attorney's fees and costs, dated September 19, 2019 (ECF No. 43.), requesting a total award of $15,864.75 (representing $13,780.30 in fees plus $2,084.45 in costs). Pursuant to General Order #9, petitioner filed a signed statement indicating that she has not incurred out-of-pocket costs in pursuit of this litigation. (ECF No. 45). Respondent reacted to the motion on September 20, 2019, indicating that he is satisfied that the statutory requirements for an award of attorney's fees and costs are met in this case, and deferring to the Court's discretion to determine the amount to be awarded. (ECF No. 44). Petitioner notified the managing staff attorney on September 20, 2019, that petitioner would not file a reply. See Informal Remark dated September 20, 2019.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). I have reviewed the billing records submitted with Petitioner's initial request, and based on my discretion and Vaccine Program experience, I find the requested hourly rates and work performed to be reasonable. I therefore approve the requested amount for attorney's fees and costs.
Accordingly, I hereby GRANT Petitioner's Motion for attorneys' fees and costs. I award a total of $15,864.75 (representing $13,780.30 in attorney's fees and $2,084.45 in costs) as a lump sum in the form of a check jointly payable to Petitioner and her counsel, Bridget Candace McCullough, Esq. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision.3
IT IS SO ORDERED.
