Filed: Dec. 05, 2019
Latest Update: Dec. 05, 2019
Summary: Not to be Published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On June 12, 2018, Susan Wigley ("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 right shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza vaccine received on October 14, 2015. (Petition at 1). On Augu
Summary: Not to be Published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On June 12, 2018, Susan Wigley ("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 right shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza vaccine received on October 14, 2015. (Petition at 1). On Augus..
More
Not to be Published
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On June 12, 2018, Susan Wigley ("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 right shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza vaccine received on October 14, 2015. (Petition at 1). On August 22, 2019, a decision was issued by then-Chief Special Master Dorsey, awarding compensation to Petitioner based on the parties' stipulation. (ECF No. 36).
Petitioner has now filed a motion for attorney's fees and costs, dated November 19, 2019, (ECF No. 45), requesting a total award of $16,745.25 (representing $15,112.00 in fees and $1,633.25 in costs). In accordance with General Order #9, Petitioner's counsel represents that Petitioner incurred no out-of-pocket expenses. (Id. at 2). Respondent reacted to the motion on November 20, 2019 indicating that he is satisfied that the statutory requirements for an award of attorney's fees and costs are met in this case and defers to the Court's discretion to determine the amount to be awarded. (ECF No. 46). By email correspondence on November 21, 2019, counsel for Petitioner informed the staff attorneys office that Petitioner did not intend to file a reply.
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 attorney's fees and costs. § 15(e). Accordingly, I hereby GRANT Petitioner's Motion for attorney's fees and costs. I award a total of $16,745.25 (representing $15,112.00 in fees and $1,633.25 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner's counsel. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision.3
IT IS SO ORDERED.
