Filed: Jan. 28, 2020
Latest Update: Jan. 28, 2020
Summary: NOT TO BE PUBLISHED DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . Special Processing Unit (SPU); Attorney's Fees and Costs. On October 24, 2017, Mary Guler ("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 "(flu") va
Summary: NOT TO BE PUBLISHED DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . Special Processing Unit (SPU); Attorney's Fees and Costs. On October 24, 2017, Mary Guler ("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 "(flu") vac..
More
NOT TO BE PUBLISHED
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
Special Processing Unit (SPU); Attorney's Fees and Costs.
On October 24, 2017, Mary Guler ("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 "(flu") vaccination administered on August 25, 2016. (Petition at 1). On September 20, 2019, a decision was issued awarding compensation to Petitioner based on the parties' stipulation. (ECF No. 43).
Petitioner has now filed a motion for attorney's fees and costs, dated January 3, 2020 (ECF No. 48), requesting a total award of $36,757.90 (representing $34,515.20 in fees and $2,242.70 in costs). In accordance with General Order #9 Petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. (ECF No. 48-3). Respondent reacted to the motion on January 14, 2020 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. 49). On January 14, 2020, Petitioner filed a reply requesting the amount of fees and costs be awarded in full. (ECF No. 50).
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 $36,757.90 (representing $34,515.20 in fees and $2,242.70 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner's counsel. Petitioner requests the check be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236.
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.
