Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 13, 2014, Franklin Jenkins ("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"]. Petitioner alleged that he suffered a shoulder injury related to vaccine administration ["SIRVA"] and dermatofibroma resulting from the influenza vaccine he received on October 4, 2011. Petition at 1
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 13, 2014, Franklin Jenkins ("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"]. Petitioner alleged that he suffered a shoulder injury related to vaccine administration ["SIRVA"] and dermatofibroma resulting from the influenza vaccine he received on October 4, 2011. Petition at 1...
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DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On August 13, 2014, Franklin Jenkins ("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"]. Petitioner alleged that he suffered a shoulder injury related to vaccine administration ["SIRVA"] and dermatofibroma resulting from the influenza vaccine he received on October 4, 2011. Petition at 1. On August 4, 2015, a decision was issued awarding compensation to petitioner based on the parties' stipulation. (ECF No. 26).
On December 4, 2015, petitioner filed an application for attorneys' fees and costs. (ECF No. 33). Petitioner applied for attorneys' fees amounting to $14,985.30, attorneys' costs amounting to $127.76, and petitioner's costs amounting to $400.00. Id. at 1. In compliance with General Order #9, petitioner filed a statement indicating he incurred costs of $400.00 and petitioner's counsel incurred costs of $127.76. (ECF No. 34). On December 28, 2015, respondent filed a response to petitioner's application. (ECF No. 35).
In her response, respondent indicated that she "stands by the arguments and evidence she put forth in McCulloch v. HHS, No. 09-293V, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015) . . . [and] disagrees with the analysis and findings in that decision." Id. at 1-2. She further indicated, however, that she "has determined that her resources are not wisely used by continuing to litigate the issues addressed in that decision . . . [and] therefore respectfully defers to the special master's statutory discretion in determining a reasonable fee award for this case." Id. at 2. Although she did not object to the number of hours billed by petitioner's counsel or to any of the costs attributed to either petitioner or her counsel, respondent added that "[n]othing contained in this response should be construed as an admission, concession, or waiver by respondent as to any of the matters raised by the instant Fee Application, including, but not limited to, the hourly rates requested, the number of hours requested, and other litigation-related costs." Id. at 2, fn. 1.
The undersigned fully agrees with the McCulloch analysis regarding appropriate hourly rates for the attorneys in the Conway, Homer, and Chin-Caplan law firm and adopts the same reasoning in this case.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner's request, the undersigned GRANTS petitioner's request.3
Accordingly, the undersigned awards the total amount of $15,513.06 as follows:
• A lump sum of $15,113.064, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner, Franklin Jenkins, and petitioner's counsel, Conway, Homer & Chin-Caplan, P.C.; and
• A lump sum of $400.00, representing reimbursement for petitioner's costs, in the form of a check payable to petitioner, Franklin Jenkins.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.