Filed: May 07, 2018
Latest Update: May 07, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 31, 2017, 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 a left shoulder injury caused by his September 28, 2015 influenza ("flu") vaccination. Petition at 1. On October 25, 2017, the undersigned issued a decision awarding compensation to pe
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 31, 2017, 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 a left shoulder injury caused by his September 28, 2015 influenza ("flu") vaccination. Petition at 1. On October 25, 2017, the undersigned issued a decision awarding compensation to pet..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On January 31, 2017, 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 a left shoulder injury caused by his September 28, 2015 influenza ("flu") vaccination. Petition at 1. On October 25, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 28).
On March 5, 2018, petitioner filed an unopposed motion for attorneys' fees and costs. (ECF No. 34).3 Petitioner requested attorneys' fees in the amount of $11,170.80 and attorneys' costs in the amount of $955.24. Id. at 1. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Id. at 1. Thus, the total amount requested is $12,126.04.
A decision was originally issued on March 23, 2018. (ECF No. 35). Petitioner filed a motion for reconsideration of attorney's fees and costs on April 12, 2018. (ECF No. 36). The undersigned withdrew the original decision on April 16, 2018,4 and ordered respondent to file his response, if any, by April 27, 2018. (ECF No. 37.) Respondent did not file a response.
In petitioner's motion, he requests a rate of $402 per hour for time accrued in 2018 by Anne Carrion Toale. Petitioner's motion is persuasive given the facts and circumstances of this case, and the reasons set forth in petitioner's Motion for Reconsideration. In particular, due to petitioner's counsel's experience in the vaccine program, overall legal experience, quality of work, and reputation of in the legal community and the community at large, the undersigned finds the rate of $402 per hour for time accrued by Anne Carrion Toale in 2018 reasonable. The hourly rate for attorney Amber Wilson remains at the previously awarded rate of $290 per hour for work performed in 2017, reducing the request for fees by $7.20.
Accordingly, the undersigned awards the total of $12,118.845 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Anne Carrion Toale. Petitioner request payment be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236.
The clerk of the court shall enter judgment in accordance herewith.6
IT IS SO ORDERED.
