Filed: Jan. 27, 2020
Latest Update: Jan. 27, 2020
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . Special Processing Unit (SPU); Attorney's Fees and Costs On November 1, 2018, Marisol Torres-Sandlin ("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") after receiving an influe
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . Special Processing Unit (SPU); Attorney's Fees and Costs On November 1, 2018, Marisol Torres-Sandlin ("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") after receiving an influen..
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(not to be published)
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
Special Processing Unit (SPU); Attorney's Fees and Costs
On November 1, 2018, Marisol Torres-Sandlin ("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") after receiving an influenza vaccination on November 3,3 2015. (Petition at 1, ¶¶ 1, 40). On December 17, 2019, a decision was issued awarding compensation to Petitioner based on the Respondent's proffer. (ECF No. 29).
Petitioner has now filed a motion for attorney's fees and costs, dated January 2, 2020 (ECF No. 34), requesting a total award of $15,648.43 (representing $15,147.40 in fees and $501.03 in costs). In accordance with General Order #9 Petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. (ECF No. 34-4). Respondent reacted to the motion on January 15, 2020 indicating that he is satisfied that the statutory requirements for an award of attorney's fees and costs are met in this case and defers to the Court's discretion to determine the amount to be awarded. (ECF No. 35). On January 15, 2020 Petitioner filed her reply indicating she did not intend to file a substantive reply to Respondent's response. (ECF No. 36).
I have reviewed the billing records submitted with Petitioner's request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates.
The Vaccine Act permits an award of reasonable attorney's fees and costs. § 15(e). Accordingly, I hereby GRANT Petitioner's Motion for attorney's fees and costs. I award a total of $15,648.43 (representing $15,147.40 in attorney's fees and $501.03 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner's counsel. 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.4
IT IS SO ORDERED.
