Filed: Apr. 08, 2016
Latest Update: Apr. 08, 2016
Summary: DECISION 1 LISA HAMILTON-FIELDMAN , Special Master . On July 29, 2014, Charles Storey ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 Petitioner alleged that his preexisting bilateral tinnitus conditioned worsened as a result of the administration of the Influenza ("Flu") vaccine on January 10, 2014. On April 8, 2016, the undersigned issued a decision awarding compensation. On April 7, 2015, Petitioner filed an Unopposed Motion for Attorne
Summary: DECISION 1 LISA HAMILTON-FIELDMAN , Special Master . On July 29, 2014, Charles Storey ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 Petitioner alleged that his preexisting bilateral tinnitus conditioned worsened as a result of the administration of the Influenza ("Flu") vaccine on January 10, 2014. On April 8, 2016, the undersigned issued a decision awarding compensation. On April 7, 2015, Petitioner filed an Unopposed Motion for Attorney..
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DECISION1
LISA HAMILTON-FIELDMAN, Special Master.
On July 29, 2014, Charles Storey ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 Petitioner alleged that his preexisting bilateral tinnitus conditioned worsened as a result of the administration of the Influenza ("Flu") vaccine on January 10, 2014. On April 8, 2016, the undersigned issued a decision awarding compensation.
On April 7, 2015, Petitioner filed an Unopposed Motion for Attorneys' Fees and Costs. Petitioner requests compensation in the amount of $40,000.00 for fees and costs incurred by his attorney. Petitioner states that Respondent "has no objection to this amount." In accordance with General Order #9, Petitioner's counsel represents that Petitioner did personally not incur any costs in pursuit of his vaccine claim.
The undersigned finds that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b), (e)(1) (2012). Further, the proposed amount seems reasonable and appropriate.
Accordingly, the undersigned hereby awards $40,000.00, representing reimbursement for attorneys' fees and costs. The award shall be in the form of a check payable jointly to Petitioner and Petitioner's counsel, Andrew D. Downing.
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 this decision.3
IT IS SO ORDERED.
