Filed: Jan. 25, 2018
Latest Update: Jan. 25, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On February 19, 2016, Oliva Guzman ("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") on behalf of her daughter, Z.G., a minor. On December 8, 2016, petitioner filed an amended petition alleging as a result of the Tdap and/or Varicella vaccines Z.G. received on August 22, 2013, she develo
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On February 19, 2016, Oliva Guzman ("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") on behalf of her daughter, Z.G., a minor. On December 8, 2016, petitioner filed an amended petition alleging as a result of the Tdap and/or Varicella vaccines Z.G. received on August 22, 2013, she develop..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On February 19, 2016, Oliva Guzman ("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") on behalf of her daughter, Z.G., a minor. On December 8, 2016, petitioner filed an amended petition alleging as a result of the Tdap and/or Varicella vaccines Z.G. received on August 22, 2013, she developed a tumor in her right upper arm at the injection site, which was caused in fact by one or both of the vaccines. Amended Petition dated Dec. 08, 2016 at ¶ 1. (ECF No. 31.) On December 19, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. Decision dated Dec. 19, 2017 (ECF No. 52.)
On January 8, 2018, petitioner filed a motion for attorneys' fees and costs. Petitioner's Motion for Attorney Fees and Costs ("Pet. Mot.") dated. Jan 8, 2018 (ECF No. 53.) Petitioner requests attorneys' fees in the amount of $28,828.30 and attorneys' costs in the amount of $2,213.34. Id. at 1. Petitioner incurred costs in the amount of $426.90 related to travel for the hearing. Id. Thus, the total amount requested is $31,468.54.
On January 19, 2018, respondent filed a response to petitioner's motion. Respondent's Response ("Resp. Res.") dated Jan. 19, 2018 (ECF No. 55.) Respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." 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 attorney hourly rates or costs.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). The petitioner's request is reasonable, and the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the following:
1) A total of $31,041.643 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Edward M. Kraus;
2) A total of $426.90 in the form of a check payable to petitioner, Oliva Guzman.
The Clerk of the Court SHALL ENTER JUDGMENT in accordance herewith.4
IT IS SO ORDERED.
