Filed: Jan. 13, 2016
Latest Update: Jan. 13, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEY FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 2, 2015, Marilyn Akyuz filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 [the "Vaccine Act" or "Program"]. Petitioner alleged that as a result of a trivalent influenza ["flu"] vaccination on October 7, 2013, petitioner suffered a shoulder injury related to vaccine administration ["SIRVA"]. Petition at 1. On Septemb
Summary: UNPUBLISHED DECISION ON ATTORNEY FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 2, 2015, Marilyn Akyuz filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 [the "Vaccine Act" or "Program"]. Petitioner alleged that as a result of a trivalent influenza ["flu"] vaccination on October 7, 2013, petitioner suffered a shoulder injury related to vaccine administration ["SIRVA"]. Petition at 1. On Septembe..
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UNPUBLISHED
DECISION ON ATTORNEY FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On March 2, 2015, Marilyn Akyuz filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the "Vaccine Act" or "Program"]. Petitioner alleged that as a result of a trivalent influenza ["flu"] vaccination on October 7, 2013, petitioner suffered a shoulder injury related to vaccine administration ["SIRVA"]. Petition at 1. On September 2, 2015, a decision issued awarding compensation to petitioner based on respondent's proffer. (ECF No. 24).
On December 22, 2015, petitioner filed an application for attorneys' fees and costs. (ECF No. 31). Petitioner applied for attorneys' fees amounting to $19,754.40 and attorneys' costs amounting to $601.11 for a total award of $20,355.51. Id. at 1. In compliance with General Order #9, petitioner filed a statement indicating she incurred no out-of-pocket expenses and petitioner's counsel incurred costs of $601.11. (ECF No. 32). On January 8, 2016, respondent filed a response to petitioner's application. (ECF No. 33).
In her response, respondent indicated that although she "disagrees with the analysis and findings in McCulloch,3 [she] has determined that her resources are not wisely used by continuing to litigate the issues addressed in that decision." Id. at 2. She further indicated she "therefore respectfully defers to the special master's statutory discretion in determining a reasonable fee award for this case." Id. Although she did not object to the number of hours billed by petitioner's counsel or to any of the requested costs, respondent added that "[n]othing contained in this response should be construed as an admission, concession, or waiver by respondent as to any of the matters raised by the instant Fee Application, including, but not limited to, the hourly rates requested, the number of hours requested, and other litigation-related costs." Id. at 2, fn. 1.
The undersigned fully agrees with the McCulloch analysis regarding appropriate hourly rates for the attorneys in the Conway, Homer, and Chin-Caplan law firm and adopts the same reasoning in this case.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner's request, the undersigned GRANTS petitioner's request.4
Accordingly, the undersigned awards the total amount of $20,355.51, as a lump sum in the form of a check payable jointly to petitioner, Marilyn Akyuz, and petitioner's counsel, Conway, Homer & Chin-Caplan, P.C.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
