Filed: Oct. 29, 2019
Latest Update: Oct. 29, 2019
Summary: (Not to be published) DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On July 18, 2018, Vickie Brashear ("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 she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of the administration of an influenza ("flu") vaccine on November 2, 2016. (Pet
Summary: (Not to be published) DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On July 18, 2018, Vickie Brashear ("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 she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of the administration of an influenza ("flu") vaccine on November 2, 2016. (Peti..
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(Not to be published)
DECISION ON ATTORNEYS' FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On July 18, 2018, Vickie Brashear ("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 she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of the administration of an influenza ("flu") vaccine on November 2, 2016. (Petition at 1). On August 26, 2019, a decision was issued by then-Chief Special Master Nora Beth Dorsey awarding compensation to petitioner based the parties' stipulation. (ECF No. 30).
Petitioner has now filed a motion requesting attorney's fees and costs, dated October 22, 2019 (ECF No. 34.), requesting a total award of $10,591.48 (representing $9,819.00 in fees plus $772.48 in costs). Pursuant to General Order #9, counsel for Petitioner represents that Petitioner has not incurred out-of-pocket costs in pursuit of this litigation. Id. Respondent reacted to the motion on October 21, 2019, indicating that he does not object to the amount of attorney's fees and costs as it is not an unreasonable amount for this case. (ECF No. 35). On October 25, 2019, by electronic correspondence, counsel for Petitioner notified the staff attorneys office that petitioner did not intend to file a reply. Respondent's counsel was copied on all correspondence.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). I have reviewed the billing records submitted with Petitioner's initial request, and based on my discretion and Vaccine Program experience, I find the requested hourly rates and work performed to be reasonable. I therefore approve the requested amount for attorney's fees and costs.
Accordingly, I hereby GRANT Petitioner's Motion for attorneys' fees and costs. I award a total of $10,591.48 (representing $9,819.00 in attorney's fees and $772.48 in costs) as a lump sum in the form of a check jointly payable to Petitioner and her counsel, Shealene Priscilla Mancuso, Esq. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision.3
IT IS SO ORDERED.
