Filed: Aug. 12, 2016
Latest Update: Aug. 12, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master : On July 20, 2015, petitioner filed a petition for compensation under the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 arm and shoulder injuries that were caused in fact by her influenza ("flu") and tetanus-diphtheria-acellular-pertussis ("Tdap") vaccinations received on September 10, 2014. Petition at 1
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master : On July 20, 2015, petitioner filed a petition for compensation under the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 arm and shoulder injuries that were caused in fact by her influenza ("flu") and tetanus-diphtheria-acellular-pertussis ("Tdap") vaccinations received on September 10, 2014. Petition at 1-..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master:
On July 20, 2015, 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 arm and shoulder injuries that were caused in fact by her influenza ("flu") and tetanus-diphtheria-acellular-pertussis ("Tdap") vaccinations received on September 10, 2014. Petition at 1-4. On July 1, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' Proffer. (ECF No. 31).
On July 26, 2016, petitioner filed an application for attorneys' fees and costs. (ECF No. 33). Petitioner requests attorneys' fees and costs in the amount of $13,763.34. Id. at 7. In compliance with General Order #9, petitioner filed a signed statement on August 8, 2016 indicating petitioner incurred no out-of-pocket expenses. (ECF No. 38).
On July 27, 2016, respondent filed a response stating that
[r]espondent does not object to the overall amount sought, as it is not an unreasonable amount to have been incurred for proceedings in this case to date. Respondent's 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.
(ECF No. 34).
In light of all the facts and circumstances of this case, particularly including the history of expedited resolution within the Special Processing Unit, and mindful of respondent's response to the instant application, the undersigned finds upon review of the submitted billing records and based on the undersigned's experience evaluating fee applications in similar Vaccine Act claims that the overall amount sought for attorneys' fees and costs is reasonable. Thus, especially in the absence of any particularized objection from respondent, further analysis is not warranted. Special Masters have "wide latitude in determining the reasonableness of both attorneys' fees and costs." Hines v. HHS, 22 Cl. Ct. 750, 753 (Fed. Cl. 1991). Moreover, Special Masters are entitled to rely on their own experience and understanding of the issues raised. Wasson v. HHS, 24 Cl. Ct. 482, 483 (Fed. Cl. 1991) aff'd in relevant part, 988 F.2d 131 (Fed.Cir.1993) (per curiam). J.B. v. HHS, No. 15-67V, 2016 WL 4046871 (Fed. Cl. Spec. Mstr. July 8, 2016) (addressing attorneys' fees and costs in the context of a history of attorneys' fees and costs awards in over 300 similarly situated SPU cases.)
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 application for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $13,763.343 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, William Patrick Ronan, III.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
