Filed: Nov. 06, 2014
Latest Update: Nov. 06, 2014
Summary: ATTORNEYS' FEES AND COSTS DECISION 1 NORA BETH DORSEY, Special Master. On April 4, 2013, Jane Tomassetti filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that she suffered from Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") as a result of an influenza vaccine she received on November 5, 2010. On July 10, 2014, a decision was entered based on the parties' stipulation awarding compensation to pe
Summary: ATTORNEYS' FEES AND COSTS DECISION 1 NORA BETH DORSEY, Special Master. On April 4, 2013, Jane Tomassetti filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that she suffered from Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") as a result of an influenza vaccine she received on November 5, 2010. On July 10, 2014, a decision was entered based on the parties' stipulation awarding compensation to pet..
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ATTORNEYS' FEES AND COSTS DECISION1
NORA BETH DORSEY, Special Master.
On April 4, 2013, Jane Tomassetti filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that she suffered from Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") as a result of an influenza vaccine she received on November 5, 2010. On July 10, 2014, a decision was entered based on the parties' stipulation awarding compensation to petitioner.
On November 5, 2014, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of attorneys' fees and costs in the amount of $20,239.86. In accordance with General Order #9, petitioner's counsel represents that petitioner personally advanced $66.38, in reimbursable costs in pursuit of her claim.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of the parties' stipulation, the undersigned GRANTS the request for approval and payment of attorneys' fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner's attorney, Ronald C. Homer, of Conway, Homer and Chin-Caplan, P.C., in the amount of $20,239.86;
(2) in the form of a check payable to petitioner only in the amount of $66.38.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties' stipulation.3
IT IS SO ORDERED.
STIPULATION OF FACT CONCERNING ATTORNEYS' FEES AND COSTS
It is hereby stipulated by and between the parties, the following factual matters:
1. Ronald C. Homer, Esq., of the law firm Conway, Homer & Chin-Caplan, P.C., is the attorney of record for petitioner in this matter.
2. On October 24, 2014, petitioner filed her Application for Attorneys' Fees and Costs ("Application").
3. In informal discussions, respondent raised certain objections to petitioner's Application. As a result, petitioner agreed to amend her request for fees and costs in this matter to seek reimbursement for:
(a) attorneys' fees and costs for the law firm Conway, Homer & Chin-Caplan, P.C., in the amount of $20,239.86; and,
(b) $66.38 in out-of-pocket expenses for petitioner, as represented by petitioner's counsel in compliance with General Order #9.
4. Respondent does not object to the amended request.
5. The parties now request that a decision awarding the attorneys' fees and costs described in paragraph 3 of this Stipulation be issued, directing payment in the form a check for $20,239.86 made payable jointly to petitioner and petitioner's counsel, and a check for $66.38 made payable solely to petitioner.
6. Nothing in this Stipulation, including the amount set forth in paragraph 3, should be construed as an admission, concession, or waiver by either party as to any of the matters raised by petitioner's request for attorneys' fees and costs, including but not limited to the hourly rates requested, the number of hours requested, and other litigation-related costs.
