Filed: Dec. 05, 2017
Latest Update: Dec. 05, 2017
Summary: UNPUBLISHED MINDY MICHAELS ROTH , Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 On May 24, 2016, Catherine Cintron ("Ms. Cintron," or "petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program 2 on behalf of her minor child, E.C. Petitioner alleges that E.C. developed autoimmune hemolytic anemia after receiving influenzae b ("Hib"), diphtheria-tetanus-acellular pertussis ("DTaP"), inactivated polio virus ("IPV"), pneumococcal conjug
Summary: UNPUBLISHED MINDY MICHAELS ROTH , Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 On May 24, 2016, Catherine Cintron ("Ms. Cintron," or "petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program 2 on behalf of her minor child, E.C. Petitioner alleges that E.C. developed autoimmune hemolytic anemia after receiving influenzae b ("Hib"), diphtheria-tetanus-acellular pertussis ("DTaP"), inactivated polio virus ("IPV"), pneumococcal conjuga..
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UNPUBLISHED
MINDY MICHAELS ROTH, Special Master.
DECISION ON ATTORNEYS' FEES AND COSTS1
On May 24, 2016, Catherine Cintron ("Ms. Cintron," or "petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program2 on behalf of her minor child, E.C. Petitioner alleges that E.C. developed autoimmune hemolytic anemia after receiving influenzae b ("Hib"), diphtheria-tetanus-acellular pertussis ("DTaP"), inactivated polio virus ("IPV"), pneumococcal conjugate, and rotavirus vaccinations on May 31, 2013. See Petition ("Pet."), ECF No. 1. The parties agreed to settle this case, and a stipulation was filed on June 12, 2017. ECF No. 21. On June 13, 2017 the undersigned issued a Decision awarding compensation to petitioner based on the parties' stipulations. See Decision, ECF No. 22.
On December 1, 2017, petitioner filed a Motion for Attorneys' Fees and Costs requesting attorneys' fees and costs totaling $37,606.13.3 Motion for Fees, ECF No. 31. Petitioner's counsel notes that during the pendency of this matter, she transitioned her practice from Rawls McNelis, PC to Sands Anderson, PC. Id. at 7. Accordingly, fees and costs were incurred by both firms. For Rawls McNelis, PC, petitioner requests attorneys' fees in the amount of $33,800.30 and attorneys' costs in the amount of $1,115.27, for a total amount of $34,915.57. Id. at 8. For Sands Anderson, PC, petitioner requests attorneys' fees in the amount of $2,682.80 and attorneys' costs in the amount of $7.76, for a total amount of $2,690.56. Id.
In accordance with General Order #9, petitioner's counsel represents that petitioner incurred $1,266.50 in out-of-pocket expenses. Id.
On December 4, 2017, respondent filed a response to petitioners' Motion for Fees. Response, ECF No. 32. Respondent provided no specific objection to the amount requested or hours worked, but instead, "respectfully recommend[ed] that the Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
Petitioner filed a reply on December 5, 2017, reiterating her request for fees and costs. ECF No. 33.
The Vaccine Act permits an award of "reasonable attorneys' fees" and "other costs." § 15(e)(1). 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 $38,872.634 as follows:
• A lump sum of $1,266.50 in the form of a check payable solely to petitioner, Catherine Cintron;
• A lump sum of $2,690.56 in the form of a check jointly payable to petitioner and petitioner's counsel, Elizabeth Muldowney, Esq.; and
• A lump sum of $34,915.57 in the form of a check jointly payable to petitioner and Rawls Law Group.
The Clerk of the Court is directed to enter judgment in accordance with this Decision.5
IT IS SO ORDERED.
