Filed: Dec. 12, 2016
Latest Update: Dec. 12, 2016
Summary: Not for Publication DECISION AWARDING ATTORNEYS' FEES AND COSTS 1 LAURA D. MILLMAN , Special Master . On October 27, 2015, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012) ("Vaccine Act") alleging that he suffered from Bell's palsy and hearing loss caused by his receipt of the influenza ("flu") vaccine on September 29, 2013. On December 5, 2016, the undersigned issued a decision awarding compensation to petitioner based on the p
Summary: Not for Publication DECISION AWARDING ATTORNEYS' FEES AND COSTS 1 LAURA D. MILLMAN , Special Master . On October 27, 2015, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012) ("Vaccine Act") alleging that he suffered from Bell's palsy and hearing loss caused by his receipt of the influenza ("flu") vaccine on September 29, 2013. On December 5, 2016, the undersigned issued a decision awarding compensation to petitioner based on the pa..
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Not for Publication
DECISION AWARDING ATTORNEYS' FEES AND COSTS1
LAURA D. MILLMAN, Special Master.
On October 27, 2015, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2012) ("Vaccine Act") alleging that he suffered from Bell's palsy and hearing loss caused by his receipt of the influenza ("flu") vaccine on September 29, 2013. On December 5, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation.
On December 7, 2016, petitioner filed a motion for attorneys' fees and costs. Petitioner requests $10,580.00 in attorneys' fees and $579.72 in costs for a total request of $11,159.72. In compliance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. On December 9, 2016, respondent's counsel filed a response to petitioner's motion for attorneys' fees and costs. Respondent states that she does not object to the overall amount sought by petitioner. Respondent explains that her lack of objection "should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." Resp. at 1.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300aa-15(e). Based on the reasonableness of petitioner's request and the lack of opposition, the undersigned GRANTS petitioner's application for attorneys' fees and costs.
Accordingly, the undersigned awards the total amount of $11,159.72 as a lump sum in the form of a check payable jointly to petitioner and Van Cott & Talamante, PLLC.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
