Filed: Apr. 16, 2018
Latest Update: Apr. 16, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 MINDY MICHAELS ROTH , Special Master . On September 3, 2015, Paul Mondello ("Mr. Mondello," or "petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that he developed a seizure disorder after receiving a hepatitis A vaccination on November 15, 2013. See Petition ("Pet."), ECF No. 1. On November 15, 2016, the undersigned issued a Ruling on the Record finding that p
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 MINDY MICHAELS ROTH , Special Master . On September 3, 2015, Paul Mondello ("Mr. Mondello," or "petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that he developed a seizure disorder after receiving a hepatitis A vaccination on November 15, 2013. See Petition ("Pet."), ECF No. 1. On November 15, 2016, the undersigned issued a Ruling on the Record finding that pe..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
MINDY MICHAELS ROTH, Special Master.
On September 3, 2015, Paul Mondello ("Mr. Mondello," or "petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed a seizure disorder after receiving a hepatitis A vaccination on November 15, 2013. See Petition ("Pet."), ECF No. 1. On November 15, 2016, the undersigned issued a Ruling on the Record finding that petitioner was not entitled to compensation. ECF No. 34. Petitioner filed a Motion for Review, which was granted. See Motion for Review, ECF No. 40; Opinion, ECF No. 44. This matter was remanded to the undersigned for further proceedings. Fact hearings were held on August 28, 2017, and September 7, 2017; the undersigned later issued a decision finding that petitioner was entitled to compensation. Ruling on Entitlement, ECF No. 74. On March 20, 2018, the undersigned issued a Decision awarding compensation to petitioner based on respondent's proffer. See Decision, ECF No. 78.
Petitioner initially filed a Motion for Attorneys' Fees and Costs on December 2, 2016. ECF No. 37. Following the conclusion of the damages phase of this matter, petitioner filed a Motion to Strike his original application for fees, which was granted. ECF Nos. 82, 84. On April 4, 2018, petitioner filed a Motion for Attorneys' Fees and Costs requesting attorneys' fees in the amount of $26, 960.00 and attorneys' costs in the amount of $5,088.82, for a total of $32,048.82.3 Motion for Fees, ECF No. 83.
In accordance with General Order #9, petitioner's counsel represents that petitioner did not incur any out-of-pocket expenses. Motion at 2-3.
On April 6, 2018, respondent filed a response to petitioners' Motion for Fees. Response, ECF No. 85. Respondent provided no specific objection to the amount requested or hours worked, but instead, "respectfully recommend[ed] that the Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3. Petitioner did not file a reply.
The Vaccine Act permits an award of "reasonable attorneys' fees" and "other costs." § 15(e)(1). Based on the reasonableness of petitioner's request, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $32,048.824 in the form of a check jointly payable to petitioner and petitioner's counsel, Verne Paradie.
The Clerk of the Court is directed to enter judgment in accordance with this Decision.5
IT IS SO ORDERED.
