Filed: May 17, 2019
Latest Update: May 17, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On December 22, 2016, 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 his November 17, 2014 influenza ("flu") vaccine caused him to suffer a "vaccine-induced nerve injury" in his right arm. Petition at 1. On November 10, 2018, the undersigned issued a decision awar
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On December 22, 2016, 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 his November 17, 2014 influenza ("flu") vaccine caused him to suffer a "vaccine-induced nerve injury" in his right arm. Petition at 1. On November 10, 2018, the undersigned issued a decision award..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On December 22, 2016, 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 his November 17, 2014 influenza ("flu") vaccine caused him to suffer a "vaccine-induced nerve injury" in his right arm. Petition at 1. On November 10, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. ECF No. 48.
On March 18, 2019, petitioner filed a motion for attorneys' fees and costs. ECF No. 58. Petitioner requests attorneys' fees in the amount of $20,649.70 and attorneys' costs in the amount of $710.93. ECF No. 58-1 at 18-19. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. ECF No. 51. Thus, the total amount requested is $21,359.93.
On March 20, 2019, respondent filed a response to petitioner's motion. ECF No. 59. Respondent states 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.
On March 20, 2019, petitioner filed a reply. ECF No. 60. "Petitioner relies on the information provided in his original application and respectfully requests that this Court grant the application for $21,359.93 in attorney fees and costs." Id.
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 $21,359.933 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.4
IT IS SO ORDERED.
