Filed: Apr. 08, 2016
Latest Update: Apr. 08, 2016
Summary: UNPUBLISHED NORA BETH DORSEY , Chief Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 On September 21, 2015, 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 alleged that she suffered "right shoulder injuries [which] were caused-in-fact by her November 11, 2013 influenza vaccination." Petition, 27. On February 10, 2016, the undersigned issued a decision awardin
Summary: UNPUBLISHED NORA BETH DORSEY , Chief Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 On September 21, 2015, 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 alleged that she suffered "right shoulder injuries [which] were caused-in-fact by her November 11, 2013 influenza vaccination." Petition, 27. On February 10, 2016, the undersigned issued a decision awarding..
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UNPUBLISHED
NORA BETH DORSEY, Chief Special Master.
DECISION ON ATTORNEYS' FEES AND COSTS1
On September 21, 2015, 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 alleged that she suffered "right shoulder injuries [which] were caused-in-fact by her November 11, 2013 influenza vaccination." Petition, ¶ 27. On February 10, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's Proffer. (ECF No. 22).
On March 21, 2016, petitioner filed an application for attorneys' fees and costs. (ECF No. 28). Petitioner requests attorneys' fees in the amount of $11,358.00 and attorneys' costs in the amount of $431.80 for a total amount of $11,789.80 for The Law Office of Bruce W. Slane, P.C. Id. at 1. Additionally, petitioner requests attorneys' fees in the amount of $1,293.50 and attorneys' costs in the amount of $748.34 for a total amount of $2,041.84 for Sayegh Law. Id. at 2. The total attorneys' fees and costs requested in this case are $13,831.64. Id. In accordance with General Order #9, petitioner's counsel filed a Declaration on March 29, 2016 representing that petitioner incurred no out-of-pocket expenses. (ECF No. 30).
On March 24, 2016, respondent's counsel indicated by email correspondence that respondent will not be filing a response to Petitioner's Application for Attorneys' Fees and Costs filed on March 21, 2016. Respondent's counsel further indicated that although respondent has no objection to the overall amount, the lack of objection "should not be construed as an admission, concession, or waiver as to any of the matters raised by petitioner's request for attorneys' fees and costs, including but not limited to the hourly rates requested." (Informal Remark, dated March 28, 2016).
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable. However, the undersigned notes that Sayegh Law has incorrectly added the total attorney time billed as 6.7 hours, (ECF No. 28-2 at 20), when in fact the total attorney time billed for Sayegh Law Firm is 6.2 hours.3 Id. Accordingly, the undersigned reduces the award to Sayegh Law Firm by .5 hours or $72.50, for a total award to Sayegh Law Firm of $1,969.34, and a total award of attorneys' fees and costs of $13,759.14.
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 application for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $13,759.144 as follows:
• A lump sum of $11,789.80, representing reimbursement for attorneys' fees and costs, in the form of a check jointly payable to petitioner and petitioner's counsel, The Law Office of Bruce W. Slane, P.C.
• A lump sum of $1,969.34, representing reimbursement for petitioner's former attorneys' fees and costs, in the form of a check jointly payable to petitioner and petitioner's former counsel, Sayegh Law.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
