Filed: Apr. 26, 2016
Latest Update: Apr. 26, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 THOMAS L. GOWEN , Special Master . On August 25, 2014, Jill Buchignani-Calwhite ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving an influenza vaccination on or about November 2, 2012, she suffered Transverse Myelitis. Stipulation for Award at 2, 4, filed Dec. 2, 2015. On December 2, 2015, the parties fil
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 THOMAS L. GOWEN , Special Master . On August 25, 2014, Jill Buchignani-Calwhite ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving an influenza vaccination on or about November 2, 2012, she suffered Transverse Myelitis. Stipulation for Award at 2, 4, filed Dec. 2, 2015. On December 2, 2015, the parties file..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
THOMAS L. GOWEN, Special Master.
On August 25, 2014, Jill Buchignani-Calwhite ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving an influenza vaccination on or about November 2, 2012, she suffered Transverse Myelitis. Stipulation for Award at ¶ 2, 4, filed Dec. 2, 2015. On December 2, 2015, the parties filed a stipulation in which they agreed to an award of compensation to petitioner. On December 3, 2015, the undersigned issued a decision adopting the parties' stipulation for an award. See Decision on J. Stip., filed Dec. 3, 2015.
On April 7, 2016, petitioner filed an application for attorneys' fees and costs. Petitioner requests a total award of attorneys' fees and costs in the amount of $14,520.82. Application for Fees and Costs at ¶ 2. In accordance with General Order #9, petitioner represents that she did not incur any reimbursable costs in pursuit of this claim. Id. at ¶ 3.
On April 21, 2016, respondent filed a response to petitioner's application for attorneys' fees and costs, indicating that "respondent does not object to the overall amount sought, as it is not an unreasonable amount to have incurred for proceeding in this case to date." Response at 1, filed Apr. 21, 2016. Respondent further stated that her "lack of objection to the amount sought in this case should not be construed as an admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." Id.
The undersigned has reviewed the billing records and documentation of costs, and finds them reasonable. 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 the request for approval and payment of attorneys' fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner's attorney, Diana Stadelnikas Sedar, of Maglio Christopher & Toale, PA, in the amount of $14,520.82.
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.3
IT IS SO ORDERED.
