Filed: May 11, 2017
Latest Update: May 11, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 14, 2016, 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 he developed nodular fasciitis after receiving the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine on April 23, 2013. Petition at 1. On October 13, 2016, the undersigned issued a decision
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 14, 2016, 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 he developed nodular fasciitis after receiving the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine on April 23, 2013. Petition at 1. On October 13, 2016, the undersigned issued a decision a..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On March 14, 2016, 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 he developed nodular fasciitis after receiving the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine on April 23, 2013. Petition at 1. On October 13, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 18).
On May 2, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 25). Petitioner requests attorneys' fees in the amount of $13,519.64 and attorneys' costs in the amount of $771.41 for a total amount of $14,291.05. Id. at 1. In compliance with General Order #9, petitioner has filed a signed statement indicating petitioner incurred no out-of-pocket expenses. See 3rd Attachment to Petitioner's Motion for Attorneys' Fees and Costs. (ECF No. 25-1).
On May 9, 2017, respondent filed a response stating respondent has no objection to petitioner's motion. (ECF No. 26). Respondent adds that "[his] lack of objection to the amount sought in this case should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." Id.
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 $14,291.053 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Jerome Konkel.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
