Filed: Dec. 18, 2017
Latest Update: Dec. 18, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 29, 2016, Bonnie Stratton ("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"). 3 Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of a Tetanus, Diphtheria, and Pertussis ("Tdap") vaccination sh
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 29, 2016, Bonnie Stratton ("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"). 3 Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of a Tetanus, Diphtheria, and Pertussis ("Tdap") vaccination she..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On August 29, 2016, Bonnie Stratton ("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").3 Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of a Tetanus, Diphtheria, and Pertussis ("Tdap") vaccination she received on June 25, 2014. Petition at 1. On June 15, 2017, the undersigned issued a decision denying compensation to petitioner as the record does not show entitlement to an award under the program. (ECF No. 17.)
On November 7, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 19.) Petitioner requests attorneys' fees in the amount of $15,880.50 and attorneys' costs in the amount of $556.81. (Id. at ¶ 6.) In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. (Id. at ¶ 5.) Thus, the total amount requested is $16,437.31.
On December 8, 2017, respondent filed a response to petitioner's motion. (ECF No. 21.) 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.
By email communication on December 11, 2017, petitioner's counsel confirmed petitioner did not intend to file a reply. See Informal Remark, dated Dec. 8, 2017.
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 $16,437.314 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.5
IT IS SO ORDERED.
