Filed: Dec. 05, 2019
Latest Update: Dec. 05, 2019
Summary: DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On April 24, 2017, Lorin T. Pruett ("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 alleges that he suffered a left shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") he received on October 20, 2015. (Petition at 5). On April 30, 2019, a de
Summary: DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On April 24, 2017, Lorin T. Pruett ("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 alleges that he suffered a left shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") he received on October 20, 2015. (Petition at 5). On April 30, 2019, a dec..
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DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On April 24, 2017, Lorin T. Pruett ("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 alleges that he suffered a left shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") he received on October 20, 2015. (Petition at 5). On April 30, 2019, a decision was issued awarding compensation to Petitioner in the amount of $75,944.63. (ECF No. 37).
Petitioner has now filed a motion for attorney's fees and costs, dated November 11, 2019, (ECF No. 42), requesting a total award of $16,620.40 (representing $16,220.40 in fees and $400.00 in costs). In accordance with General Order #9, Petitioner filed a signed statement stating Petitioner has incurred no out-of-pocket expenses. (Id. at 3). Respondent reacted to the motion on November 15, 2019 indicating that he is satisfied that the statutory requirements for an award of attorney's fees and costs are met in this case and defers to the Court's discretion to determine the amount to be awarded. (ECF No. 43). Petitioner did not file a reply thereafter.
I have reviewed the billing records submitted with Petitioner's request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates.
The Vaccine Act permits an award of reasonable attorney's fees and costs. § 15(e). Accordingly, I hereby GRANT Petitioner's Motion for attorney's fees and costs. I award a total of $16,620.40 (representing $16,220.40 in attorney's fees and $400.00 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner's counsel. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision.3
IT IS SO ORDERED.
