Filed: Mar. 22, 2019
Latest Update: Mar. 22, 2019
Summary: DECISION AWARDING ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Special Master . On April 12, 2017, Katherine Berry filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 Petitioner alleged that she suffered from Parsonage-Turner Syndrome as a result of her receipt of the Flumist influenza vaccine on November 24, 2015. The parties were able to settle the matter, filing a stipulation in January of this year that I so-ordered v
Summary: DECISION AWARDING ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Special Master . On April 12, 2017, Katherine Berry filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 Petitioner alleged that she suffered from Parsonage-Turner Syndrome as a result of her receipt of the Flumist influenza vaccine on November 24, 2015. The parties were able to settle the matter, filing a stipulation in January of this year that I so-ordered vi..
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DECISION AWARDING ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Special Master.
On April 12, 2017, Katherine Berry filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program").2 Petitioner alleged that she suffered from Parsonage-Turner Syndrome as a result of her receipt of the Flumist influenza vaccine on November 24, 2015. The parties were able to settle the matter, filing a stipulation in January of this year that I so-ordered via Decision dated January 23, 2019. ECF No. 36.
Petitioner has now filed a motion seeking a final award of attorney's fees and costs. Motion, dated Jan. 30, 2019 (ECF No. 40) ("Fees Mot."). In it, she requests a total award of $34,205.98, reflecting attorney's and legal assistant fees in the total amount of $32,207.40, plus $1,998.58 in litigation costs. Fees Mot. at 1-2; Ex. 16 (ECF No. 40-1) at 29; Ex. 17 (ECF No. 40-2) at 1-2. Petitioner also filed a statement in compliance with General Order No. 9 representing that she did not incur any individual costs associated with the claim's prosecution. Ex. 18 (ECF No. 40-3) at 1. Respondent reacted to the final fees motion on February 8, 2019, noting that a fees award was statutorily appropriate and otherwise deferring the calculation of a reasonable award to my discretion. Response, dated Feb. 8, 2019 (ECF No. 41) at 2-3.
Prevailing petitioners are entitled to a reasonable award of attorney's fees and costs. Section 15(e). The law governing the calculation of such an award is well-established. Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343, 1347-48 (Fed. Cir. 2008).
Here, I find that Petitioner should receive the full sum requested. First, the rates requested for the Maglio Firm attorneys representing her (which are deemed "in forum") are consistent both with the Office of Special Masters's Forum Rate Schedule as well as what the same lawyers have received in other cases. See Office of Special Masters Hourly Rate Fee Schedules, https://www.uscfc.uscourts.gov/node/2914 (last accessed on March 18, 2019); see, e.g., Galinato v. Sec'y of Health & Human Servs., No. 15-928V, 2017 WL 2461373, at *1 (Fed. Cl. Spec. Mstr. Apr. 17, 2017) (citing Foster v. Sec'y of Health & Human Servs., No. 14-309V, 2016 WL 7233943 (Fed. Cl. Spec. Mstr. Nov. 15, 2016)); Dearing v. Sec'y of Health & Human Servs., No. 14-289V, 2016 WL 7451349 (Fed. Cl. Spec. Mstr. Nov. 2, 2016)). And the total time billed to the matter was reasonably incurred. Second, the costs requested (which includes the filing fee, copying expenses, and other litigation support costs) are also reasonable.
I therefore approve a final award of fees and costs, in the total amount of $34,205.98, in the form of a check payable jointly to Petitioner and Petitioner's counsel, Anne C. Toale, Esq. 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.3
IT IS SO ORDERED.
