Filed: Aug. 02, 2017
Latest Update: Aug. 02, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 11, 2015, Patricia J. Chaffin ("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 debilitating left shoulder pain, weakness, encumbered dexterity and brachial neuritis as a result of receiving an influenza ("flu") vaccine on September 18,
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 11, 2015, Patricia J. Chaffin ("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 debilitating left shoulder pain, weakness, encumbered dexterity and brachial neuritis as a result of receiving an influenza ("flu") vaccine on September 18, 2..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On September 11, 2015, Patricia J. Chaffin ("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 debilitating left shoulder pain, weakness, encumbered dexterity and brachial neuritis as a result of receiving an influenza ("flu") vaccine on September 18, 2012. On December 7, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 35).
On May 19, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 40). Petitioner requests attorneys' fees in the amount of $40,475.80, and attorneys' costs in the amount of $1,305.82 for a total amount of $41,781.62. Petitioner's Motion for Attorneys' Fees and Costs ("Pet. Motion") at 3-4, 7-8, 8 (ECF No. 40). In compliance with General Order #9, petitioner filed a signed statement indicating she did not incur any out-of-pocket expenses. Exhibit 34, filed as Attachment #3 to Pet. Mot.
On June 1, 2017, respondent filed a response to petitioner's motion. (ECF No. 41). In his response, 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 he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Petitioner "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3. Petitioner did not file a reply.
Petitioner seeks attorneys' fees in the amount of $40,475.80, which reflects the following hourly rates:
1) $348 for work performed in 2014 by Dr. Rodriguez;
2) $361 for work performed in 2015 by Dr. Rodriguez;
3) $375 for work performed in 2016 by Dr. Rodriguez;
4) $389 for work performed in 2017 by Dr. Rodriguez;
5) $126 for paralegal work performed in 2013;
6) $131 for paralegal work performed in 2014;
7) $135 for paralegal work performed in 2015;
8) $140 for paralegal work performed in 2016; and
9) $145 for paralegal work performed in 2017.
Pet. Motion at 3-4. The undersigned has previously awarded attorneys' fees based upon the same 2014-2016 hourly rates requested in this case for work performed by this attorney and at least one of the paralegals. See Zdroik v. Sec'y of Health & Human Servs., No. 15-468V, 2017 WL 767852 (Fed. Cl. Spec. Mstr. Feb. 3, 2017. These rates are within the ranges set forth in the Office of Special Masters Attorneys' Forum Hourly Rate Fee Schedule: 2015-2016 which can be found on the court's website.3 The undersigned also finds the hourly rates requested for work performed by paralegals in 2013-2017 to be reasonable.
The undersigned finds that an increase in the hourly rate is warranted for work performed by this attorney in 2017, but calculates the 2017 rate for Dr. Rodriguez using the increase in the Producer Price Index — Offices of Lawyers ("PPI-OL").4 Thus, the undersigned will award attorneys' fees based upon an hourly rate of $383 for work performed in 2017 by Dr. Rodriguez.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based the above, the undersigned finds that petitioner's counsel is entitled to reasonable attorneys' fees and costs as follows:
Total Amount of Attorneys' Fees Sought $40,475.80
5.3 Hours Reduced from an Hourly Rate of $389 to $383 - $31.80
Total Amount of Attorneys' Fee Awarded $40,444.00
Total Amount of Attorneys' Costs Awarded $1,305.82
Accordingly, the undersigned awards the total of $41,749.825 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Ramon Rodriguez.
The clerk of the court shall enter judgment in accordance herewith.6
IT IS SO ORDERED.
