Filed: Apr. 12, 2016
Latest Update: Apr. 12, 2016
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 THOMAS L. GOWEN , Special Master . On May 11, 2015, Robert Shupe ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to 34 (2012). Petitioner alleged that, as a result of receiving an influenza ("flu") vaccination on October 4, 2013, he developed brachial neuritis. Amended Petition, dated July 30, 2015, at Preamble. On March 22, 2016, the parties filed a stipulation in which they stat
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 THOMAS L. GOWEN , Special Master . On May 11, 2015, Robert Shupe ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to 34 (2012). Petitioner alleged that, as a result of receiving an influenza ("flu") vaccination on October 4, 2013, he developed brachial neuritis. Amended Petition, dated July 30, 2015, at Preamble. On March 22, 2016, the parties filed a stipulation in which they state..
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DECISION ON ATTORNEYS' FEES AND COSTS1
THOMAS L. GOWEN, Special Master.
On May 11, 2015, Robert Shupe ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleged that, as a result of receiving an influenza ("flu") vaccination on October 4, 2013, he developed brachial neuritis. Amended Petition, dated July 30, 2015, at Preamble. On March 22, 2016, the parties filed a stipulation in which they stated that a decision should be entered awarding compensation. The undersigned issued a Decision pursuant to the parties' stipulation that same day.
On April 6, 2016, petitioner filed an application for attorneys' fees and costs, requesting $11,851.06 in attorneys' fees and costs. See Petitioner's ("Pet'r's") Application ("App.") at ¶ 4. Petitioner filed additional documentation in support of his fee application on April 12, 2016. In accordance with General Order #9, petitioner's counsel states that petitioner did not advance any litigation expenses in this matter. Id. at ¶ 3. Petitioner's application indicates that respondent "does not object to the overall amount requested in petitioner's motion." Id. at ¶ 6.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). The undersigned has reviewed counsel's time records and tasks performed, and finds them reasonable. Mr. Mack's billing rate of $285 per hour is reasonable based on his approximately thirty years of legal experience. Counsel submitted a record of his costs, which the undersigned has also reviewed and finds reasonable. Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $11,851.06 as follows:
(1) A lump sum of $11,851.06 in the form of a check payable jointly to petitioner and petitioner's counsel of record, Kevin A. Mack, for attorneys' fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
