Filed: Dec. 22, 2015
Latest Update: Dec. 22, 2015
Summary: DECISION ON ATTORNEY FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 26, 2015, Jose De La Cruz Herrera ("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 he suffered Guillain-Barr Syndrome ("GBS") after receiving the influenza vaccine on November 19, 2013. Petition, 1, 5-6. On November 19, 2015, the undersigned issued a decision aw
Summary: DECISION ON ATTORNEY FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 26, 2015, Jose De La Cruz Herrera ("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 he suffered Guillain-Barr Syndrome ("GBS") after receiving the influenza vaccine on November 19, 2013. Petition, 1, 5-6. On November 19, 2015, the undersigned issued a decision awa..
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DECISION ON ATTORNEY FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On January 26, 2015, Jose De La Cruz Herrera ("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 he suffered Guillain-Barré Syndrome ("GBS") after receiving the influenza vaccine on November 19, 2013. Petition, ¶¶ 1, 5-6. On November 19, 2015, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation.
On December 21, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys' Fees and Costs. According to the stipulation, the parties stipulate to an award of $9,376.12 for attorney's fees and costs and $3,760.00 for petitioner's out of pocket costs for a total amount of $13,136.12. In compliance with General Order #9, petitioner has filed a statement indicating he incurred $3,760.00 in out of pocket costs.3
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 petitioner's request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys' fees and costs.
Accordingly, the undersigned awards the total of $13,136.124 as follows:
1) a lump sum of $3,760.00 in the form of a check solely payable to petitioner and
2) a lump sum of $9,376.12 in the form of a check jointly payable to petitioner and petitioner's counsel, Anne C. Toale.
Per petitioner's request, both checks constituting the award for fees and costs should be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236.
IT IS SO ORDERED.
