Filed: Jun. 17, 2019
Latest Update: Jun. 17, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 14, 2018, Jay Lamont ("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 alleges that he suffered right shoulder injuries as a result of an influenza ("flu") vaccine he received on September 23, 2016. Petition at 1. On May 21, 2019, the undersigned issued a decision a
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 14, 2018, Jay Lamont ("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 alleges that he suffered right shoulder injuries as a result of an influenza ("flu") vaccine he received on September 23, 2016. Petition at 1. On May 21, 2019, the undersigned issued a decision aw..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On March 14, 2018, Jay Lamont ("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 alleges that he suffered right shoulder injuries as a result of an influenza ("flu") vaccine he received on September 23, 2016. Petition at 1. On May 21, 2019, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. ECF No. 29.
On May 31, 2019, petitioner filed a motion for attorneys' fees and costs. ECF No. 33. Petitioner requests attorneys' fees in the amount of $9,155.30 and attorneys' costs in the amount of $9,692.89. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $9,692.89.
On June 3, 2019, respondent filed a response to petitioner's motion. ECF No. 34. Respondent does not object to the overall amount sought." Id. at 1. Respondent's lack of objection to the amount sought in this case should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." Id.
By email correspondence on June 3, 2019, petitioner, through counsel, notified the undersigned he did not intend to file a reply.
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 $9,692.893 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Paul R. Brazil.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
