Filed: Aug. 05, 2016
Latest Update: Aug. 05, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 8, 2015, Mazie Lawson ("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 as a result of receiving a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on April 22, 2014. On June 10, 2016, the undersigned issued a deci
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 8, 2015, Mazie Lawson ("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 as a result of receiving a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on April 22, 2014. On June 10, 2016, the undersigned issued a decis..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On October 8, 2015, Mazie Lawson ("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 as a result of receiving a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on April 22, 2014. On June 10, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 25).
On July 19, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 29). Petitioner requests attorneys' fees in the amount of $14,655.00, and attorneys' costs in the amount of $1,118.48, for a total amount of $15,773.48. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.
On July 26, 2016, respondent filed a response to petitioner's motion. (ECF No. 31). Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by a petitioner for an award of attorneys' fees and costs." Id. at 1. Respondent adds, however, that she "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Additionally, she "asserts that a reasonable amount for fees and costs in the present case would fall between $12,000.00 to $14,000.00," based on a "similarly postured SIRVA case." Id. at 3.
On August 5, 2016, petitioner filed a reply. (ECF No. 32). Petitioner argues that respondent has provided "no precise objections" but only a range that "is predicated on similar cases and her `experience litigating Vaccine Act claims.'" Id. at 2, 4. Petitioner includes a list of the attorneys' fees and costs awarded petitioner's counsel in 2015 and 2016.
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.
Petitioner requests additional attorneys' fees in the amount of $440.00 (1.6 hours of time) for preparing the reply. Id. at 4-5. The undersigned finds the request for additional hours spent preparing the reply to be reasonable and awards the full amount requested for preparation of the reply brief, $440.00.3 Thus, the total amount awarded for attorneys' fees and costs is $16,213.48.
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 $16,213.484 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Muller Brazil, LLP.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
