Filed: Feb. 18, 2016
Latest Update: Feb. 18, 2016
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On April 16, 2015, 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 a Shoulder Injury Related to Vaccine Administration ["SIRVA"] as a result of his January 11, 2013 influenza vaccination. Petition at 5-7; Stipulation, filed December 1, 2015, 2, 4. On December 2,
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On April 16, 2015, 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 a Shoulder Injury Related to Vaccine Administration ["SIRVA"] as a result of his January 11, 2013 influenza vaccination. Petition at 5-7; Stipulation, filed December 1, 2015, 2, 4. On December 2, 2..
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DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On April 16, 2015, 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 a Shoulder Injury Related to Vaccine Administration ["SIRVA"] as a result of his January 11, 2013 influenza vaccination. Petition at 5-7; Stipulation, filed December 1, 2015, ¶¶ 2, 4. On December 2, 2015, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation.
On February 16, 2016, the parties filed a Stipulation of Facts Concerning Attorneys' Fees and Costs. According to the stipulation, the parties stipulate to an award for "(a) attorney's fees and costs in the amount of $21,316.64; and, (b) $2, 951.57 in out-of-pocket expenses for petitioner, as represented by his counsel in compliance with General Order #9." Stipulation, filed February 16, 2016, ¶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, an award should be made as follows:
1. $21,316.64 in the form of a check jointly payable to petitioner and petitioner's counsel, Lisa A. Roquemore; and
2. $2,951.57 in the form of a check solely payable to petitioner.3
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
