Filed: Jul. 10, 2018
Latest Update: Jul. 10, 2018
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On January 12, 2016, Deitra Curry ("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 the influenza ("flu") vaccine she received on November 11, 2014 caused her to develop chronic inflammatory demyelinating polyneuropathy ("CIDP"). ECF No. 47. On April 2, 2018, the undersigned issued a decision awarding Petitioner comp
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On January 12, 2016, Deitra Curry ("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 the influenza ("flu") vaccine she received on November 11, 2014 caused her to develop chronic inflammatory demyelinating polyneuropathy ("CIDP"). ECF No. 47. On April 2, 2018, the undersigned issued a decision awarding Petitioner compe..
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DECISION1
HERBRINA D. SANDERS, Special Master.
On January 12, 2016, Deitra Curry ("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 the influenza ("flu") vaccine she received on November 11, 2014 caused her to develop chronic inflammatory demyelinating polyneuropathy ("CIDP"). ECF No. 47. On April 2, 2018, the undersigned issued a decision awarding Petitioner compensation pursuant to the parties' stipulation. Id.
On May 23, 2018, Petitioner submitted an application for attorneys' fees and costs. ECF No. 52. Petitioner requested $30,629.00 in attorneys' fees and $8,226.45 in costs, for a total of $38,855.45. Id. at 2. Respondent submitted a Response to Petitioner's motion on June 6, 2018. ECF No. 53. 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 requested for the undersigned to exercise her discretion and determine a reasonable award for attorneys' fees and costs. Id. at 3. Petitioner did not submit a Reply. See Docket Rep.
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, § 15(e), the undersigned finds that Petitioner is entitled to attorneys' fees and costs. Accordingly, the undersigned hereby awards the amount of $38,855.45,3 in the form of a check made payable jointly to Petitioner and Petitioner's counsel, Maximillian J. Muller of Muller Brazil, LLP. 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.
