Filed: Feb. 04, 2020
Latest Update: Feb. 04, 2020
Summary: (not to be published.) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . Special Processing Unit (SPU); Attorney's Fees and Costs. On October 20, 2017, Deanne A. Graf ("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 she suffered "Shoulder Injuries Related to Vaccine Administration ("SIRVA"), including, tendinitis, tendin
Summary: (not to be published.) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . Special Processing Unit (SPU); Attorney's Fees and Costs. On October 20, 2017, Deanne A. Graf ("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 she suffered "Shoulder Injuries Related to Vaccine Administration ("SIRVA"), including, tendinitis, tendino..
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(not to be published.)
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
Special Processing Unit (SPU); Attorney's Fees and Costs.
On October 20, 2017, Deanne A. Graf ("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 she suffered "Shoulder Injuries Related to Vaccine Administration ("SIRVA"), including, tendinitis, tendinosis, frozen shoulder, and adhesive capsulitis of the left shoulder, and irritation of the left radial nerve," resulting from the influenza vaccination she received on October 27, 2014. (Petition at 1). On June 19, 2019, a decision was issued awarding compensation to Petitioner based on the parties' stipulation. (ECF No. 35).
Petitioner has now filed a motion for attorney's fees and costs, dated January 6, 2020, (ECF No. 39), requesting a total award of $12,293.04 (representing $11,745.00 in fees and $548.04 in costs). In accordance with General Order #9 counsel for Petitioner represents that Petitioner incurred no out-of-pocket expenses. (Id). Respondent reacted to the motion on January 9, 2020 indicating that he "does not object to the overall amount sought" and that his "lack of objection to the amount sought in this case should not be construed as an admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." (ECF No. 40). Petitioner did not file a reply thereafter.
I have reviewed the billing records submitted with Petitioner's request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates.
The Vaccine Act permits an award of reasonable attorney's fees and costs. § 15(e). Accordingly, I hereby GRANT Petitioner's Motion for attorney's fees and costs. I award a total of $12,293.04 (representing $11,745.00 in attorney's fees and $548.04 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner's counsel. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision.3
IT IS SO ORDERED.
