Filed: Nov. 15, 2019
Latest Update: Nov. 15, 2019
Summary: not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On January 4, 2017, Anthony Capasso ("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" or "Program"), alleging that as a result of receiving an influenza ("flu") vaccination on November 14, 2015, he suffered a shoulder injury related to vaccine administration ("SIRVA") to his left
Summary: not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On January 4, 2017, Anthony Capasso ("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" or "Program"), alleging that as a result of receiving an influenza ("flu") vaccination on November 14, 2015, he suffered a shoulder injury related to vaccine administration ("SIRVA") to his left s..
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not to be published
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On January 4, 2017, Anthony Capasso ("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" or "Program"), alleging that as a result of receiving an influenza ("flu") vaccination on November 14, 2015, he suffered a shoulder injury related to vaccine administration ("SIRVA") to his left shoulder. (Petition at 1). On July 10, 2019, a decision was issued awarding compensation to Petitioner in the amount of $75,190.0. (ECF No. 45.)
Petitioner has now filed a motion for attorney's fees and costs, dated October 24, 2019, (ECF No. 49), requesting a total award of $26,255.53 (representing $25,833.70 in fees and $421.83 in costs). In accordance with General Order #9, Petitioner's counsel represents that Petitioner incurred no out-of-pocket expenses. (Id. at 2.) Respondent did not file a response 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 $26,255.53 (representing $25,833.70 in fees and $421.83 in costs) as a lump sum in the form of a check jointly payable to Petitioner and counsel, Shealene Priscilla Mancuso, Esq. 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.
