Filed: Jan. 22, 2018
Latest Update: Jan. 22, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 17, 2015, Veronica Nelson ("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 developed "left arm and shoulder pain, frozen shoulder, and left shoulder rotator cuff tendinosis with impingement syndrome requiring surgery," as a result of receiving an in
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 17, 2015, Veronica Nelson ("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 developed "left arm and shoulder pain, frozen shoulder, and left shoulder rotator cuff tendinosis with impingement syndrome requiring surgery," as a result of receiving an inf..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On June 17, 2015, Veronica Nelson ("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 developed "left arm and shoulder pain, frozen shoulder, and left shoulder rotator cuff tendinosis with impingement syndrome requiring surgery," as a result of receiving an influenza ("flu") vaccination on January 22, 2013. Pet. at preamble. On May 25, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 64.)
On October 24, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 70.) Petitioner requests attorneys' fees in the amount of $26,972.94 (ECF No. 70-1, p. 29.) and attorneys' costs in the amount of $886.93. (ECF No. 70-1, p. 30.) In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses (ECF No. 66.) Thus, the total amount requested is $27,859.883.
On November 6, 2017, respondent filed a response to petitioner's motion. (ECF No. 70.) Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by a petitioner for an award of attorneys' fees and costs." (Id. at 1.) Respondent adds, however, that he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." (Id. at 2.) Respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." (Id. at 3.)
Petitioner has filed no reply.
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, and the undersigned finds 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, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $27,859.874 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Mark Theodore Sadaka.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
