Filed: Mar. 25, 2016
Latest Update: Mar. 25, 2016
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 29, 2014, 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 H.S. suffered syncope and a skull fracture following administration of his July 25, 2012 DTaP and meningococcal vaccinations. On September 25, 2015, the undersigned issued a decision awarding compensation to pe
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 29, 2014, 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 H.S. suffered syncope and a skull fracture following administration of his July 25, 2012 DTaP and meningococcal vaccinations. On September 25, 2015, the undersigned issued a decision awarding compensation to pet..
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DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On October 29, 2014, 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 H.S. suffered syncope and a skull fracture following administration of his July 25, 2012 DTaP and meningococcal vaccinations. On September 25, 2015, the undersigned issued a decision awarding compensation to petitioner.
On March 9, 2016, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs. According to the stipulation, the parties stipulate to a total award of $23,500.00 for attorneys' fees and costs. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred $3,322.90 in out-of-pocket expenses.
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 any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys' fees and costs.
Accordingly, the undersigned awards the total of $26,822.903 as follows:
• A lump sum of $23,500.00, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Renee J. Gentry; and
• A lump sum of $3,322.90, representing reimbursement for petitioner's costs, in the form of a check payable to petitioner.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
