Filed: Nov. 25, 2015
Latest Update: Nov. 25, 2015
Summary: DECISION 1 LISA D. HAMILTON-FIELDMAN , Special Master . On October 15, 2013, Luis Gamardo ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that the administration of a Measles, Mumps, and Rubella ("MMR") vaccine on November 15, 2010 caused him to suffer from immune (or "idiopathic") thrombocytopenic purpura ("ITP"). On May 1, 2015, the undersigned issued a decision awarding compensation
Summary: DECISION 1 LISA D. HAMILTON-FIELDMAN , Special Master . On October 15, 2013, Luis Gamardo ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that the administration of a Measles, Mumps, and Rubella ("MMR") vaccine on November 15, 2010 caused him to suffer from immune (or "idiopathic") thrombocytopenic purpura ("ITP"). On May 1, 2015, the undersigned issued a decision awarding compensation t..
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DECISION1
LISA D. HAMILTON-FIELDMAN, Special Master.
On October 15, 2013, Luis Gamardo ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that the administration of a Measles, Mumps, and Rubella ("MMR") vaccine on November 15, 2010 caused him to suffer from immune (or "idiopathic") thrombocytopenic purpura ("ITP"). On May 1, 2015, the undersigned issued a decision awarding compensation to Petitioner. Judgment entered on the decision on May 29, 2015.
On October 16, 2015, Petitioner's counsel filed a motion seeking reimbursement for $16,567.50 in attorneys' fees3 and $214.71 in attorneys' costs. Petitioner's counsel also sought reimbursement for $369.99 in costs that had been personally incurred by Petitioner. See General Order #9 Statement, filed October 26, 2015. The total amount requested was $17,152.20.
On October 20, 2015, the undersigned convened a status conference at which she suspended Respondent's deadline for a response to Petitioner's motion. See Order, filed October 21, 2015. At a subsequent status conference, Respondent's counsel raised objections to the hourly rates billed by Petitioner's counsel's firm and to the reasonableness of billing for multiple attorneys. See Order, filed November 4, 2015. The undersigned ultimately informed the parties that she intended to compensate Mr. Homer and his firm's staff at the rates that were awarded in McCulloch, but that she would reduce Ms. Daniels' compensable hours by .4. Id. The undersigned directed Petitioner's counsel to draft a decision that incorporated the McCulloch rates and the noted reduction in hours. Petitioner's counsel filed his draft on November 5, 2015. To date, Respondent has not filed any objection to counsel's draft. This matter is now ripe for ruling.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). The undersigned acknowledges Respondent's continued objections to the McCulloch rates but remains in agreement with McCulloch's outcome with respect to hourly rates. The undersigned also finds that a portion of the editing performed by multiple attorneys was duplicative and hereby reduces Ms. Daniels' compensable time by .4 hours.4 The remaining portions of Petitioner's amended request are reasonable, and the undersigned therefore GRANTS the remainder of her request for payment of attorneys' fees and costs and Petitioner's costs.
In addition, the undersigned awards an additional 1.5 hours of attorney time, expended by Joseph Pepper at an hourly rate of $290.00, for counsel's preparation for the substantive status conference held on November 3, 2015, and for submission of a draft decision on attorneys' fees and costs. This amounts to an additional $435.00.
Accordingly, the undersigned awards:
1. A lump sum of $17,105.21, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to Petitioner, Luis Gamardo, and Petitioner's counsel, Mr. Ronald Homer of the law firm of Conway, Homer & Chin-Caplan, P.C.; and
2. A lump sum of $369.99, representing reimbursement for Petitioner's costs, in the form of a check payable solely to Petitioner, Luis Gamardo.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
