Filed: Apr. 17, 2017
Latest Update: Apr. 17, 2017
Summary: not to be published ATTORNEY'S FEES AND COSTS DECISION 1 BRIAN H. CORCORAN , Special Master . On August 25, 2015, Ricardo Galinato filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleged that he suffered from Guillain-Barr syndrome as a result of his November 15, 2012, receipt of the influenza vaccine. The parties eventually filed a stipulation for damages on September 30, 2016 (ECF No. 25), which I adopted as my decision on da
Summary: not to be published ATTORNEY'S FEES AND COSTS DECISION 1 BRIAN H. CORCORAN , Special Master . On August 25, 2015, Ricardo Galinato filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleged that he suffered from Guillain-Barr syndrome as a result of his November 15, 2012, receipt of the influenza vaccine. The parties eventually filed a stipulation for damages on September 30, 2016 (ECF No. 25), which I adopted as my decision on dam..
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not to be published
ATTORNEY'S FEES AND COSTS DECISION1
BRIAN H. CORCORAN, Special Master.
On August 25, 2015, Ricardo Galinato filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that he suffered from Guillain-Barré syndrome as a result of his November 15, 2012, receipt of the influenza vaccine. The parties eventually filed a stipulation for damages on September 30, 2016 (ECF No. 25), which I adopted as my decision on damages the same day. ECF No. 26.
Petitioner has now filed a motion requesting final attorney's fees and costs, dated March 30, 2017. See ECF No. 31 ("Fees App."). Petitioner requests reimbursement of attorney's fees and costs in the combined amount of $34,853.39 (representing $29,035.30 in attorney's fees, plus $5,818.09 in costs). Id. In accordance with General Order No. 9, Petitioner represents that he separately incurred personal expenses of $11.43 in conjunction with this proceeding. Ex. 31 (ECF No. 31-4). Respondent filed a document reacting to the fees request on April 12, 2017, indicating that he is satisfied that the statutory requirements for an award of attorney's fees and costs are met in this case, but deferring to my discretion the determination of the amount to be awarded. ECF No. 32 at 2. Petitioner thereafter filed a reply on April 12, 2017. ECF No. 33. In it, Petitioner argued that Respondent's response declining to take a position on the fees award is prejudicial to Petitioner, as it is Respondent's responsibility to note if a request for attorney's fees and costs is unreasonable. Id. at 2. Petitioner otherwise reiterated his request for attorney's fees and costs as set forth in his fees application. Id.
As a successful Vaccine Program petitioner, Mr. Galinato is entitled to a fees award. The requested hourly rates herein are in accordance with those I and other special masters have previously awarded to the attorneys who represented Petitioner — Ms. Strait,3 Ms. Stadelnikas, and the paralegals of Maglio, Christopher & Toale. See, e.g., Foster v. Sec'y of Health & Human Servs., No. 14-309V, 2016 WL 7233943 (Fed. Cl. Spec. Mstr. Nov. 15, 2016); Dearing v. Sec'y of Health & Human Servs., No. 14-289V, 2016 WL 7451349 (Fed. Cl. Spec. Mstr. Nov. 2, 2016). Therefore, I will likewise award them. I also find no particular entries on the billing invoices to be objectionable, and Respondent similarly has not brought to my attention any questionable entries. I will thus award all of the requested hours. Finally, the requested litigation costs, and Petitioner's own separate costs, appear to be reasonable, and will also be awarded.
Accordingly, an award of $34,853.39 should be made in the form of a check payable jointly to Petitioner and Petitioner's counsel, Danielle Strait, Esq. An award of $11.43 shall be issued in the form of a check payable separately to Ricardo Galinato. Payment of this amount represents all attorney's fees and costs available under 42 U.S.C. § 300aa-15(e). In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of Petitioner's motion.4
IT IS SO ORDERED.
