Filed: Jul. 18, 2016
Latest Update: Jul. 18, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 13, 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 that she suffered a shoulder injury related to vaccine administration ("SIRVA") which was caused-in-fact by her November 3, 2014 Tetanus diphtheria-acellular pertussis ("Tdap") vaccination. On Ma
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 13, 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 that she suffered a shoulder injury related to vaccine administration ("SIRVA") which was caused-in-fact by her November 3, 2014 Tetanus diphtheria-acellular pertussis ("Tdap") vaccination. On May..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On October 13, 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 that she suffered a shoulder injury related to vaccine administration ("SIRVA") which was caused-in-fact by her November 3, 2014 Tetanus diphtheria-acellular pertussis ("Tdap") vaccination. On May 25, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' Stipulation. (ECF No. 15).
On June 21, 2016, petitioner filed an Application for Attorneys' Fees and Costs. (ECF No. 19). Petitioner requests attorneys' fees in the amount of $15,706.00 and attorneys' costs in the amount of $1,199.54 for a total amount of $16,905.54. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Respondent filed no response to petitioner's Application for Attorneys' Fees and Costs.
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 the total of $16,905.543 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Maximillian J. Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
