Filed: Jun. 27, 2016
Latest Update: Jun. 27, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 15, 2016, 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 she suffered tendonitis, bursitis and adhesive capsulitis as a result of her October 28, 2014 influenza ("flu") vaccination. Petition at 1. On May 18, 2016, the undersigned issued a decision award
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 15, 2016, 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 she suffered tendonitis, bursitis and adhesive capsulitis as a result of her October 28, 2014 influenza ("flu") vaccination. Petition at 1. On May 18, 2016, the undersigned issued a decision awardi..
More
UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On January 15, 2016, 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 she suffered tendonitis, bursitis and adhesive capsulitis as a result of her October 28, 2014 influenza ("flu") vaccination. Petition at 1. On May 18, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's Proffer. (ECF No. 17).
On June 8, 2016, petitioner filed an application for attorneys' fees and costs. (ECF No. 22). Petitioner requests attorneys' fees in the amount of $13,040.50 and attorneys' costs in the amount of $1,331.70 for a total amount of $14,372.20. Id. at 1-2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 2.
On June 13, 2016, respondent filed a response stating:
Respondent does not object to the overall amount sought, as it is not an unreasonable amount to have been incurred for proceedings in this case to date. Respondent's lack of objection to the amount sought in this case should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs.
(ECF No. 23).
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 application for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $14,372.503 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Paul R. Brazil.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
