Filed: May 18, 2016
Latest Update: May 18, 2016
Summary: UNPUBLISHED NORA BETH DORSEY , Chief Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 On January 12, 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" or "Program"). Petitioner alleges that she suffered significant aggravation of a prior shoulder injury following the administration of the Prevnar 13 vaccine (a pneumococcal conjugate vaccine) on March 12, 2015. Petition a
Summary: UNPUBLISHED NORA BETH DORSEY , Chief Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 On January 12, 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" or "Program"). Petitioner alleges that she suffered significant aggravation of a prior shoulder injury following the administration of the Prevnar 13 vaccine (a pneumococcal conjugate vaccine) on March 12, 2015. Petition at..
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UNPUBLISHED
NORA BETH DORSEY, Chief Special Master.
DECISION ON ATTORNEYS' FEES AND COSTS1
On January 12, 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" or "Program"). Petitioner alleges that she suffered significant aggravation of a prior shoulder injury following the administration of the Prevnar 13 vaccine (a pneumococcal conjugate vaccine) on March 12, 2015. Petition at 1. On April 7, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer to which petitioner agreed. (ECF No. 13).
On April 21, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 17). Petitioner requests attorneys' fees in the amount of $13,132.50 and attorneys' costs in the amount of $853.82 for a total amount of $13,986.32. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at ¶ 5.
In the motion, petitioner indicates respondent has no objection to petitioner's motion. Id. at ¶ 4. Moreover, respondent has not filed a response to petitioner's motion.
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates with one exception. The undersigned reduces petitioner's counsel's requested hours by .4 hours, or $102.00, as counsel failed to provide a date corresponding to the .4 hours he billed to "[p]repare settlement package for client." Id. at 7.
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 $13,884.323 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Maximillian Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
