Filed: Feb. 23, 2016
Latest Update: Feb. 23, 2016
Summary: Not to be published INTERIM ATTORNEY'S FEES AND COSTS DECISION 1 BRIAN H. CORCORAN , Special Master . On September 23, 2013, Kristine Bell filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the "Vaccine Program"). 2 Prior to the recent two-day entitlement hearing in this matter (held on January 28-29, 2015, in Washington, DC (ECF No. 43)), Petitioner had filed a request for an interim fees and costs award solely to cover costs incurred in the r
Summary: Not to be published INTERIM ATTORNEY'S FEES AND COSTS DECISION 1 BRIAN H. CORCORAN , Special Master . On September 23, 2013, Kristine Bell filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the "Vaccine Program"). 2 Prior to the recent two-day entitlement hearing in this matter (held on January 28-29, 2015, in Washington, DC (ECF No. 43)), Petitioner had filed a request for an interim fees and costs award solely to cover costs incurred in the re..
More
Not to be published
INTERIM ATTORNEY'S FEES AND COSTS DECISION1
BRIAN H. CORCORAN, Special Master.
On September 23, 2013, Kristine Bell filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the "Vaccine Program").2 Prior to the recent two-day entitlement hearing in this matter (held on January 28-29, 2015, in Washington, DC (ECF No. 43)), Petitioner had filed a request for an interim fees and costs award solely to cover costs incurred in the retention of her experts, Drs. Axelrod and Morgan. ECF No. 44. On November 10, 2015, I denied Petitioner's request on the grounds that she had not adequately substantiate why an interim award of expert costs was appropriate at that time. ECF No. 53 at 3-4. But I noted that the case would be going to hearing soon, and that upon conclusion of the hearing I would be "far more inclined to entertain, and award (as promptly as possible), a similar request for an interim award — especially one that include[d] attorney's fees, as well as the costs Petitioner incurred by having her expert's testify." Id. at 5.
Following completion of the January 2016 entitlement hearing in this matter (during which Petitioner proffered both experts to testify on her behalf), I indicated that I would entertain a renewed interim fees request. ECF No. 61. However, I urged the parties to attempt first to resolve this issue amongst themselves. Id.
The parties have now filed a stipulation regarding interim expert costs. Stipulation Regarding Attorneys' Interim Costs, dated Feb. 19, 2016 (ECF No. 63). Petitioner requested expert-related fees and expenses in the amount of $27, 678.85. Id. This sum represents an amount to which Respondent does not object. Id.
I approve the requested amount for interim attorney's fees and costs as reasonable and appropriate award at this time. Accordingly, an award of $27,678.85 should be made in the form of a check payable jointly to Petitioner and Petitioner's counsel, the law firm of Moore, Heffernan, Moeller, Johnson & Meis, LLP. 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.
