Filed: Nov. 25, 2015
Latest Update: Nov. 25, 2015
Summary: DECISION 1 LISA D. HAMILTON-FIELDMAN , Special Master . On September 25, 2013, Janine Kadile ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that, as a result of the administration of an influenza ("flu") vaccine on October 14, 2010, she suffered from a neurological demyelinating injury. Petitioner later amended her claim to reflect Guillain-Barr syndrome ("GBS") as her alleged injury.
Summary: DECISION 1 LISA D. HAMILTON-FIELDMAN , Special Master . On September 25, 2013, Janine Kadile ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that, as a result of the administration of an influenza ("flu") vaccine on October 14, 2010, she suffered from a neurological demyelinating injury. Petitioner later amended her claim to reflect Guillain-Barr syndrome ("GBS") as her alleged injury. ..
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DECISION1
LISA D. HAMILTON-FIELDMAN, Special Master.
On September 25, 2013, Janine Kadile ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that, as a result of the administration of an influenza ("flu") vaccine on October 14, 2010, she suffered from a neurological demyelinating injury. Petitioner later amended her claim to reflect Guillain-Barré syndrome ("GBS") as her alleged injury. See Amended Petition, filed October 11, 2013. On March 4, 2015, the undersigned issued a decision awarding compensation to Petitioner. Judgment entered on the decision on March 13, 2015.
On July 31, 2015, Petitioner's counsel filed a motion seeking reimbursement for $25,548.70 in attorneys' fees and $874.17 in attorneys' costs. Petitioner's counsel also sought reimbursement for $916.76 in costs that had been personally incurred by Petitioner. See General Order #9 Statement, filed July 31, 2015.
On August 11, 2015, Respondent filed a Motion to stay the proceedings pending the undersigned's issuance of a decision in Houck v. Sec'y of Health & Human Servs., No. 11-509V, which, Respondent argued, involved contested issues identical to those in the instant case. Simultaneously, Respondent filed substantive objections to counsel's requested hourly rates and to the number of hours billed by counsel's firm. See Respondent's Opposition to Petitioner's Application for Attorneys' Fees and Costs, filed August 17, 2015. Specifically, Respondent objected to reimbursement for time expended by multiple attorneys in processing Petitioner's case, and for the 4.6 hours billed in preparing and drafting Petitioner's settlement demand. Id. at 18-20.
Petitioner's counsel responded by objecting to any suspension of the proceedings. See Petitioner's Objections to Respondent's Motion to Suspend Proceedings, filed August 17, 2015. Petitioner also argued that both his firm's hourly rates and the number of hours expended in the instant case were reasonable. Petitioner's Reply to Respondent's Opposition, filed August 27, 2015. Petitioner's counsel subsequently requested compensation for an additional $1,052 in attorneys' fees. See Petitioner's Supplemental Application for Attorneys' Fees, filed August 27, 2015.
On October 16, 2015, Petitioner's counsel filed an amended motion for fees and costs. Although Petitioner's counsel amended his application to reflect the rates approved in McCulloch v. Sec'y of Health & Human Servs., No. 09-293V, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015), mot. for reconsid. denied, 2015 WL 6181910 (Fed. Cl. Spec. Mstr. Sept. 21 2015) (identifying compensable hourly rates for Homer firm attorneys and staff), the substance of the application otherwise remained unchanged. Petitioner's counsel applied for attorneys' fees amounting to $26,340.70 and attorneys' costs amounting to $874.17. Petitioner had personally incurred $916.76 in costs. The total amount requested was $28,131.63.
On October 20, 2015, the undersigned convened a status conference to discuss counsel's pending fees and costs application. During the status conference, the undersigned informed the parties that she intended to compensate Mr. Homer and his firm's staff at the rates that were awarded in McCulloch, but that she would reduce Mr. Homer's compensable time by 2 hours (allowing a total of 1.9 hours) and Ms. Fashano's compensable time by 2 hours (allowing a total of 2.6 hours)3. See Order, filed October 21, 2015, at 1-2. The undersigned directed Petitioner's counsel to draft a decision that incorporated the McCulloch rates and the appropriate reductions in hours. Petitioner's counsel filed his draft on October 27, 2015. On November 3, 2015, Respondent filed a Response in which she stated that she had no substantive objections to counsel's draft decision. This matter is now ripe for ruling.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). The undersigned acknowledges Respondent's continued objections to the McCulloch rates but remains in agreement with McCulloch's outcome. Based on the reasonableness of Petitioner's request, the undersigned GRANTS Petitioner's amended motion for payment of attorneys' fees and costs minus the reductions noted above.
In addition, the undersigned awards an additional 1.5 hours of attorney time, expended by Christina Ciampolillo at an hourly rate of $300.00, for counsel's preparation for the substantive status conference held on October 20, 2015, and for submission of a draft decision on attorneys' fees and costs. This amounts to an additional $450.00.
Respondent's pending motion to stay is DENIED as moot.
Accordingly, the undersigned awards:
1. A lump sum of $26,294.87, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to Petitioner, Janine Kadile, and Petitioner's counsel, Mr. Ronald Homer, of the law firm of Conway, Homer & Chin-Caplan, P.C.; and
2. A lump sum of $916.76, representing reimbursement for Petitioner's costs, in the form of a check payable solely to Petitioner, Janine Kadile.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
