Filed: Sep. 20, 2017
Latest Update: Sep. 20, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On May 25, 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 alleged that she suffered left shoulder injuries including cellulitis and an abscess as a result of a tetanus-diphtheria-pertussis ("Tdap") vaccination she received on April 3, 2015. On June 30, 2017, the undersig
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On May 25, 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 alleged that she suffered left shoulder injuries including cellulitis and an abscess as a result of a tetanus-diphtheria-pertussis ("Tdap") vaccination she received on April 3, 2015. On June 30, 2017, the undersign..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On May 25, 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 alleged that she suffered left shoulder injuries including cellulitis and an abscess as a result of a tetanus-diphtheria-pertussis ("Tdap") vaccination she received on April 3, 2015. On June 30, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 30.)
On August 9, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 34.) Petitioner requests attorneys' fees in the amount of $17,173.00, and attorneys' costs in the amount of $768.85. (Id. at 1-2.) In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Thus, the total amount requested is $17,941.85.
On August 23, 2017, respondent filed a response stating respondent has no objection to petitioner's motion. (ECF No. 35.) Respondent cautions, however, that his lack of objection "should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related 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, except as follows. Petitioner billed a total of 1.3 hours for attorney C. Clark Hodgson, II, at an hourly rate of $225.00, for a total of $292.50. As has been previously stated, due in part to Mr. Hodgson's lack of experience in the Vaccine Program, the undersigned finds that the appropriately hourly rate for Mr. Hodgson is $200. Thus, petitioner is awarded a total of $260.00 for Mr. Hodgson's time which results in a reduction of $32.50.
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 $17,909.35,3 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Muller Brazil, LLP.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
