Filed: Apr. 14, 2016
Latest Update: Apr. 14, 2016
Summary: DECISION AWARDING ATTORNEYS' FEES AND COSTS 1 LAURA D. MILLMAN , Special Master . On February 9, 2015, petitioner filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012). Petitioner alleged that she suffered from pain, numbness, and loss of mobility in her right arm, shoulder, and hand due to her receipt of the hepatitis B vaccine on October 10, 2013. On February 11, 2016, the undersigned granted petitioner's motion to dismiss the
Summary: DECISION AWARDING ATTORNEYS' FEES AND COSTS 1 LAURA D. MILLMAN , Special Master . On February 9, 2015, petitioner filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012). Petitioner alleged that she suffered from pain, numbness, and loss of mobility in her right arm, shoulder, and hand due to her receipt of the hepatitis B vaccine on October 10, 2013. On February 11, 2016, the undersigned granted petitioner's motion to dismiss the ..
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DECISION AWARDING ATTORNEYS' FEES AND COSTS1
LAURA D. MILLMAN, Special Master.
On February 9, 2015, petitioner filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2012). Petitioner alleged that she suffered from pain, numbness, and loss of mobility in her right arm, shoulder, and hand due to her receipt of the hepatitis B vaccine on October 10, 2013. On February 11, 2016, the undersigned granted petitioner's motion to dismiss the case for failure to make a prima facie case of causation in fact.
On April 13, 2016, petitioner filed an unopposed application for attorneys' fees and costs. Petitioner requests attorneys' fees in the amount of $20,743.50.00 and attorneys' costs in the amount of $3,258.53 for a total amount of $24,002.03. In compliance with General Order #9, petitioner's counsel represents that petitioner incurred no costs in pursuit of this claim. Petitioner's motion indicates that respondent does not object to the undersigned awarding petitioner $24,002.03 in attorneys' fees and costs. On April 14, 2016, the undersigned's law clerk contacted respondent's counsel, who confirmed respondent has no objections to petitioner's motion.
The Vaccine Act permits an award of "reasonable attorneys' fees" and "other costs." 42 U.S.C. § 300aa-15(e)(1). Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs and awards $24,002.03, representing reimbursement for attorneys' fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Van Cott & Talamante, PLLC in the amount of $24,002.03.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
