Filed: Jun. 06, 2017
Latest Update: Jun. 06, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 23, 2014, Paula F. Holland ("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" or "Program"). Petitioner alleged that she suffered Guillain-Barr Syndrome ("GBS") and GBS-caused chronic inflammatory demyelinating polyneuropathy ("CIDP") as a result of receiving the influenza (
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 23, 2014, Paula F. Holland ("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" or "Program"). Petitioner alleged that she suffered Guillain-Barr Syndrome ("GBS") and GBS-caused chronic inflammatory demyelinating polyneuropathy ("CIDP") as a result of receiving the influenza ("..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On September 23, 2014, Paula F. Holland ("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" or "Program"). Petitioner alleged that she suffered Guillain-Barré Syndrome ("GBS") and GBS-caused chronic inflammatory demyelinating polyneuropathy ("CIDP") as a result of receiving the influenza ("flu") vaccine on October 2, 2012. Petition at 1. On November 15, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 44).
On February 1, 2017, petitioner filed a motion for attorneys' fees and costs. Petitioner's Motion for Attorneys' Fees and Costs ("Pet. Motion") (ECF No. 48). Petitioner requests attorneys' fees in the amount of $64,960.003 and attorneys' costs in the amount of $2,821.19 for a total amount of $67,781.19. Id. at ¶¶ 3-5, 8. In compliance with General Order #9, petitioner has filed a signed statement indicating she incurred no out-of-pocket expenses.4 See Fourth Attachment to Pet. Motion (ECF No. 48-4).
On February 2, 2017, respondent filed a response stating respondent has no objection to petitioner's motion. (ECF No. 49). 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. Because the undersigned had some concerns regarding specific billing entries, she directed the OSM staff attorney managing this SPU case to hold a call with the parties to discuss these concerns. See Status Conference held June 6, 2017. However, the undersigned finds no reason to reduce the amount of attorneys' fees requested, particularly in light of petitioner's counsel's voluntary waive of some fees (see supra note 3) and respondent's lack of objection to the overall amount sought. In the undersigned's experience, the request appears reasonable.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Accordingly, the undersigned awards $64,960.00 in attorneys' fees and $2,821.19 in attorneys' costs for a total award of $67,781.195 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Matthew F. Belanger.
The clerk of the court shall enter judgment in accordance herewith.6
IT IS SO ORDERED.
