Filed: Jun. 10, 2016
Latest Update: Jun. 10, 2016
Summary: UNPUBLISHED. DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On December 11, 2015, Doris Levitzki ("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" or "Program"). Petitioner alleged that she suffered left shoulder pain "causally related to an adverse reaction" after receiving an influenza vaccination on September 17, 2015. Petition at 3-4, 10.
Summary: UNPUBLISHED. DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On December 11, 2015, Doris Levitzki ("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" or "Program"). Petitioner alleged that she suffered left shoulder pain "causally related to an adverse reaction" after receiving an influenza vaccination on September 17, 2015. Petition at 3-4, 10. O..
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UNPUBLISHED.
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On December 11, 2015, Doris Levitzki ("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" or "Program"). Petitioner alleged that she suffered left shoulder pain "causally related to an adverse reaction" after receiving an influenza vaccination on September 17, 2015. Petition at ¶¶ 3-4, 10. On March 17, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer to which petitioner agreed. (ECF No. 18).
On June 9, 2016, petitioner filed an unopposed motion for attorneys' fees and costs. (ECF No. 23).3 Petitioner requests attorneys' fees and costs in the amount of $6,197.80 for work performed by Danielle Strait and the law firm of Maglio, Christopher & Toale, PA and attorneys' fees and costs in the amount of $2,015.50 for work performed by petitioner's former counsel and the law firm of Britcher & Leone, LLC (Britcher, Leone & Roth, LLC when petitioner was represented by the firm) for a total amount of $8,213.30. Id. at ¶¶ 3, 6. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at ¶ 4. Moreover, in compliance with General Order #9, petitioner has filed a signed statement indicating petitioner incurred no out-of-pocket expenses. Declaration, filed June 9, 2016 (ECF No. 24).
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $8,213.304 as follows:
1. A lump sum in the amount of $ 6,197.80 in the form of a check made payable to petitioner and petitioner's counsel, Danielle A. Strait, Esq., and
2. A lump sum in the amount of $ 2,015.50 in the form of a check made payable to petitioner and petitioner's former counsel, Britcher & Leone, LLC
Petitioner "requests that the award for attorney's fees and costs be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236." Motion at ¶ 7 (ECF No. 23).
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
