Filed: Apr. 08, 2016
Latest Update: Apr. 08, 2016
Summary: DECISION 1 LISA D. HAMILTON-FIELDMAN , Special Master . On January 24, 2014, Corey Velk ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 Petitioner alleged that the administration of the Influenza Vaccine caused her to develop Guillan-Barr Syndrome. On November 24, 2015, the undersigned issued a decision awarding compensation to Petitioner. On March 24, 2016, Petitioner filed an application for attorneys' fees and costs. Petitioner request
Summary: DECISION 1 LISA D. HAMILTON-FIELDMAN , Special Master . On January 24, 2014, Corey Velk ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 Petitioner alleged that the administration of the Influenza Vaccine caused her to develop Guillan-Barr Syndrome. On November 24, 2015, the undersigned issued a decision awarding compensation to Petitioner. On March 24, 2016, Petitioner filed an application for attorneys' fees and costs. Petitioner requests..
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DECISION1
LISA D. HAMILTON-FIELDMAN, Special Master.
On January 24, 2014, Corey Velk ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 Petitioner alleged that the administration of the Influenza Vaccine caused her to develop Guillan-Barré Syndrome. On November 24, 2015, the undersigned issued a decision awarding compensation to Petitioner.
On March 24, 2016, Petitioner filed an application for attorneys' fees and costs. Petitioner requests compensation for $13,894.90 in attorneys' fees, $36,579.00 in expert fees, and $2,986.60 in costs (of which Petitioner bore $1,250.00); in total, Petitioner requests compensation in the amount of $53,460.50. See Fee Appl. at 3, ECF No. 43; see also General Or. #9 Statement at 1, ECF No. 45 (clarifying amount of costs).
On April 8, 2016, Respondent filed a response to Petitioner's application. Resp. Fee Appl., ECF No. 46. Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by a petitioner for an award of attorneys' fees and costs." Resp. Fee Appl. at 2. Respondent adds, however, that she "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Resp. Fee Appl. at 2 n.3. She also asserts that her "estimation of reasonable attorney's [sic] fees and costs for the present case roughly falls between $26,000.00 and $39,000.00," but provides no basis or explanation for how she arrived at this proposed range. Resp. Fee Appl. at 2 n.3.
In accordance with the Vaccine Act, see 42 U.S.C. § 300aa-15(e) (2012), the undersigned finds that Petitioner's request for fees and costs is reasonable. Notably, Petitioner and Respondent hotly disputed the element of causation (as to which Petitioner submitted three expert reports) before stipulating to a settlement (which occurred only after numerous status conferences). Moreover, Respondent has given the undersigned no reason to believe that Petitioner's request is unreasonable.3
Accordingly, the undersigned hereby awards the amount of $53,460.50, in the form of a check made payable jointly to Petitioner and Petitioner's counsel, Nicholas E. Bunch.
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.4
IT IS SO ORDERED.
