Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On January 18, 2018, 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 as a result of his October 29, 2016 Diphtheria acellular Pertussis (Tdap) Vaccine. Petition at 1. On September 24, 2019, a decision was issued by then Chief Spe
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On January 18, 2018, 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 as a result of his October 29, 2016 Diphtheria acellular Pertussis (Tdap) Vaccine. Petition at 1. On September 24, 2019, a decision was issued by then Chief Spec..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On January 18, 2018, 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 as a result of his October 29, 2016 Diphtheria acellular Pertussis (Tdap) Vaccine. Petition at 1. On September 24, 2019, a decision was issued by then Chief Special Master Nora Beth Dorsey, awarding compensation to petitioner based on the parties' stipulation. ECF No. 34.
On September 27, 2019, petitioner filed a motion for attorneys' fees and costs. ECF No. 33. Petitioner requests attorneys' fees in the amount of $10,949.00 and attorneys' costs in the amount of $662.01. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $11,611.01.
On October 10, 2019, respondent filed a response to petitioner's motion. ECF No. 36. Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 requires respondent to file a response to 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. Respondent "respectfully requests that the Court exercise its discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
On October 10, 2019, counsel for petitioner notified the paralegal for the Chief Special Master that petitioner did not intend to file a reply. Counsel for respondent was copied on all correspondence.
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 attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request, I hereby GRANT petitioner's motion for attorneys' fees and costs.
Accordingly, petitioner is awarded the total amount of $11,611.013 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Maximillian J. Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
