Filed: May 02, 2017
Latest Update: May 02, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 17, 2015, Rita Dowaschinski ("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 a left shoulder injury that was caused-in-fact by an influenza ("flu") vaccine she received on October 23, 2014. On February 9, 2017, the undersigned issued a d
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 17, 2015, Rita Dowaschinski ("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 a left shoulder injury that was caused-in-fact by an influenza ("flu") vaccine she received on October 23, 2014. On February 9, 2017, the undersigned issued a de..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On November 17, 2015, Rita Dowaschinski ("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 a left shoulder injury that was caused-in-fact by an influenza ("flu") vaccine she received on October 23, 2014. On February 9, 2017, the undersigned issued a decision awarding compensation to petitioner based the parties' joint stipulation. (ECF No. 30).
On April 14, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 34). Petitioner requests attorneys' fees in the amount of $14,489.50, and attorneys' costs in the amount of $895.26, for a total amount of $15,384.76. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Respondent did not file a response.
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the 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 $15,384.76,3 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Muller Brazil, LLP.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
