Filed: Jul. 13, 2017
Latest Update: Jul. 13, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On July 16, 2015, 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 he suffered brachial neuritis as a result of receiving the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on July 23, 2012. On February 21, 2017, the undersigned issued a decision awarding c
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On July 16, 2015, 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 he suffered brachial neuritis as a result of receiving the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on July 23, 2012. On February 21, 2017, the undersigned issued a decision awarding co..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On July 16, 2015, 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 he suffered brachial neuritis as a result of receiving the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on July 23, 2012. On February 21, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 37.)
On June 28, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 41.) An amended motion was filed on July 12, 2017. (ECF No.43) Petitioner requests attorneys' fees in the amount of $22,040.00 and attorneys' costs in the amount of $8,805.21. (Id. at 2.) In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Thus, the total amount requested is $30,845.21.
On June 28, 2017, respondent filed a response stating respondent has no objection to petitioner's motion. (ECF No. 42.) 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.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards $30,845.21,3 representing reimbursement for all attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, James K. C. Glober.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.