Filed: May 10, 2018
Latest Update: May 10, 2018
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On June 1, 2015, Brian Felten ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that, as a result of an influenza ("flu") vaccine administered on October 24, 2012, he suffered from transverse myelitis ("TM"). Decision, ECF No. 47. On November 14, 2017, the undersigned issued a decision awarding Petitioner compensation pur
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On June 1, 2015, Brian Felten ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that, as a result of an influenza ("flu") vaccine administered on October 24, 2012, he suffered from transverse myelitis ("TM"). Decision, ECF No. 47. On November 14, 2017, the undersigned issued a decision awarding Petitioner compensation purs..
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DECISION1
HERBRINA D. SANDERS, Special Master.
On June 1, 2015, Brian Felten ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that, as a result of an influenza ("flu") vaccine administered on October 24, 2012, he suffered from transverse myelitis ("TM"). Decision, ECF No. 47. On November 14, 2017, the undersigned issued a decision awarding Petitioner compensation pursuant to the parties' stipulation. Id.
On April 20, 2018, Petitioner submitted an application for attorneys' fees and costs. ECF No. 53. Petitioner requested $19,442.53 in attorneys' fees and $705.44 in costs, for a total of $20,147.97. ECF No. 53-1 at 17-18. Respondent submitted a Response to Petitioners' motion on May 4, 2018. ECF No. 54. Respondent indicated that "[t]o the extent the Special Master is treating [P]etitioner's request for attorneys' fees and costs as a motion that requires a response from [R]espondent[,] . . . Respondent is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent recommended that the undersigned exercise her discretion and determine a reasonable award for attorneys' fees and costs. Id. at 3. Petitioner filed his Reply on May 9, 2018. ECF No. 55. He "respectfully request[ed] that this Court grant the application" in full. Id.
The undersigned has reviewed the detailed records of time and expenses of Petitioner's counsel and finds that they are reasonable. In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e) (2012), the undersigned finds that Petitioner is entitled to attorneys' fees and costs. Accordingly, the undersigned hereby awards the amount of $20,147.97,3 in the form of a check made payable jointly to Petitioner and Petitioner's counsel, Mark T. Sadaka, of Mark T. Sadaka, LLC. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
