Filed: Mar. 24, 2016
Latest Update: Mar. 24, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On May 11, 2015, James Czerwonka ("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 he suffered Guillain-Barr Syndrome ("GBS") and chronic inflammatory demyelinating polyradicular neuropathy ("CIDP") after receiving the influenza vaccine on October 31, 2013. Peti
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On May 11, 2015, James Czerwonka ("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 he suffered Guillain-Barr Syndrome ("GBS") and chronic inflammatory demyelinating polyradicular neuropathy ("CIDP") after receiving the influenza vaccine on October 31, 2013. Petit..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On May 11, 2015, James Czerwonka ("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 he suffered Guillain-Barré Syndrome ("GBS") and chronic inflammatory demyelinating polyradicular neuropathy ("CIDP") after receiving the influenza vaccine on October 31, 2013. Petition at 1, ¶¶ 3, 7, 9. On February 23, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 30).
On March 9, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 32). Petitioner requests attorneys' fees in the amount of $27,285.00 and attorneys' costs in the amount of $3,166.50 for a total amount of $30,451.50.3 In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at ¶ 4. On March 22, 2016, respondent filed a response to petitioner's motion. (ECF No. 35).
In her response, 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 she "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2 (citations omitted). Respondent further "asserts that a reasonable amount for fees and costs in the present case would fall between $18,000.00 to $21,000.00" but provides no basis or explanation for how she arrived at this proposed range. Id. at 3.
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 $30,451.504 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Maximillian Muller.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
