Filed: May 04, 2017
Latest Update: May 04, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 27, 2016, 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 alleged that she suffered a shoulder injury ("SIRVA") caused by her September 29, 2015 influenza vaccination. On March 22, 2017, the undersigned issued a decision awarding compensation to petitioner based on the
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 27, 2016, 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 alleged that she suffered a shoulder injury ("SIRVA") caused by her September 29, 2015 influenza vaccination. On March 22, 2017, the undersigned issued a decision awarding compensation to petitioner based on the p..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On June 27, 2016, 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 alleged that she suffered a shoulder injury ("SIRVA") caused by her September 29, 2015 influenza vaccination. On March 22, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 34).
On April 5, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 38). Petitioner requested attorneys' fees in the amount of $11,715.00 and attorneys' costs in the amount of $1,291.35 for a total amount of $13,006.35. Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. On April 6, 2017, respondent filed a response stating respondent has no objection to petitioner's motion. (ECF No. 39).
On May 3, 2017, petitioner filed an amended motion for attorneys' fees and costs, adjusting the requested amounts to $12,265.00 for attorneys' fees and $1,338.39 for costs incurred for a total of $13,603.39. (ECF No. 41.) The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $13,603.393 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Justin Andrew Welply, Esq.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
