Filed: Sep. 29, 2016
Latest Update: Sep. 29, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On May 19, 2015, Robin Adkins, as Personal Representative of the Estate of Sherman Arrowood, 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 as a result of receiving the influenza ("flu") vaccine on October 15, 2012, Mr. Arrowood sustained a vaccine-related injury diagnosed
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On May 19, 2015, Robin Adkins, as Personal Representative of the Estate of Sherman Arrowood, 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 as a result of receiving the influenza ("flu") vaccine on October 15, 2012, Mr. Arrowood sustained a vaccine-related injury diagnosed a..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On May 19, 2015, Robin Adkins, as Personal Representative of the Estate of
Sherman Arrowood, 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 as a result of receiving the influenza ("flu") vaccine on October 15, 2012, Mr. Arrowood sustained a vaccine-related injury diagnosed as Guillain-Barré Syndrome ("GBS"), and subsequently died. Petitioner alleges that Mr. Arrowood's death was the sequela of his alleged vaccine-related injury. Pet. at ¶¶ 1, 2, 6, 8. On July 13, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No 35).
On September 26, 2016, petitioner filed an unopposed motion for attorneys' fees and costs. (ECF No. 39).3 Petitioner requests attorneys' fees and costs in the amount of $22,000.00, and petitioner's out-of-pocket costs in the amount of $53.44 for a total amount of $22,053.44. Id. at 1. In compliance with General Order #9, petitioner has filed a signed statement indicating she incurred $53.44 in out-of-pocket expenses. See Exhibit 15, filed as an Attachment to Petitioner's Motion (ECF No. 39).4
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $22,053.445 as follows:
• A lump sum of $22,000.00, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Diana Sedar of Maglio, Christopher & Toale PA; and
• A lump sum of $53.44, representing reimbursement for petitioner's costs, in the form of a check payable to petitioner.
Per petitioner's request, the award for attorney's fees and costs shall be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236 which is the address of record for petitioner's counsel. Petitioner's Motion at ¶ 8.
The clerk of the court shall enter judgment in accordance herewith.6
IT IS SO ORDERED.
