Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On May 24, 2018, 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") as a result of an influenza vaccine received on November 15, 2016. Petition at 1. On August 21, 2019, a decision was issue
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On May 24, 2018, 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") as a result of an influenza vaccine received on November 15, 2016. Petition at 1. On August 21, 2019, a decision was issued..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On May 24, 2018, 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") as a result of an influenza vaccine received on November 15, 2016. Petition at 1. On August 21, 2019, a decision was issued awarding compensation to petitioner based on the respondent's proffer. ECF No. 32.
On September 27, 2019, petitioner filed a motion for attorneys' fees and costs. ECF No. 36. Petitioner requests attorneys' fees in the amount of $17,008.50 and attorneys' costs in the amount of $790.08. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $17,798.58.
Respondent did not file a response.
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 attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request, I hereby GRANT petitioner's motion for attorneys' fees and costs.
Accordingly, petitioner is awarded the total amount of $17,798.583 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Maximillian J. Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.