Filed: Oct. 20, 2017
Latest Update: Oct. 20, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 18, 2016, Douglas A. Freedman ("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" or "Program"). On September 7, 2017, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer to which petitioner agreed. (ECF No. 29). On October 2, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 18, 2016, Douglas A. Freedman ("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" or "Program"). On September 7, 2017, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer to which petitioner agreed. (ECF No. 29). On October 2, 2017,..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On October 18, 2016, Douglas A. Freedman ("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" or "Program"). On September 7, 2017, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer to which petitioner agreed. (ECF No. 29).
On October 2, 2017, petitioner filed a motion for attorneys' fees and costs. Petitioner's Motion for Attorneys' Fees and Costs ("Pet. Motion") (ECF No. 32). Petitioner requests attorneys' fees in the amount of $13,644.10 and attorneys' costs in the amount of $817.63. Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. Thus, the total amount requested is $14,461.73.
On October 11, 2017, respondent filed a response to petitioner's motion. (ECF No. 33.) Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of 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 recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
Petitioner has filed no reply
The undersigned has reviewed the billing records submitted with petitioner's request. Petitioner seeks an amount for attorneys' fees which reflect the following hourly rates, to include increased rates for 2017:
Ed Kraus (Attorney) $389.00 for 2016
$398.00 for 2017
Amy Kraus (Attorney) $318.00 for 2017
Tara O'Mahoney (Attorney) $275.00 for 2016
$281.00 for 2017
See Tab A to Pet. Motion at 4-11. Additionally, some of the work performed by Ms. Kraus and Ms. O'Mahoney is billed at a paralegal hourly rate, $125.00. See id. at 4-7, 9.
The rates requested are within the ranges of forum rates in the schedules found on the court's website3 which are based upon the ranges of forum rates set forth in McCulloch v. Sec'y of Health & Human Servs., No. 09-293V, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015).4 Additionally, petitioner's counsel has appropriately billed at a reduced paralegal rate for work that could be performed by a paralegal.5 The undersigned finds the rates requested, including the increased 2017 amounts, to be appropriate hourly rates for work performed by the attorneys in this case. In the undersigned's experience, petitioner's request appears reasonable, and the undersigned finds 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, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $14,461.736 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Edward M. Kraus.
The clerk of the court shall enter judgment in accordance herewith.7
IT IS SO ORDERED.
