Filed: Mar. 09, 2016
Latest Update: Mar. 09, 2016
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 10, 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 she suffered a shoulder injury caused in fact by the influenza vaccination she received on October 6, 2014. Petition at 1. On February 19, 2016, the undersigned issued a decision awarding compensation to petiti
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 10, 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 she suffered a shoulder injury caused in fact by the influenza vaccination she received on October 6, 2014. Petition at 1. On February 19, 2016, the undersigned issued a decision awarding compensation to petitio..
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DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On August 10, 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 she suffered a shoulder injury caused in fact by the influenza vaccination she received on October 6, 2014. Petition at 1. On February 19, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer to which petitioner agreed. (ECF No. 21).
On February 24, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 22). Petitioner requests attorneys' fees in the amount of $15,105.50 and attorneys' costs in the amount of $879.19 for a total amount of $15,984.69. Id. at ¶ 4. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id.
On March 7, 2016, respondent's counsel sent an email to the OSM staff attorney managing this SPU case (copying petitioner's counsel) indicating she would not be filing a response to petitioner's motion and had no objection to petitioner's request. On March 7, 2016, petitioner filed an amended, unopposed motion for attorneys' fees and costs in the same amount of $15,984.69. (ECF No. 23).3
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's application for attorneys' fees and costs.4
Accordingly, the undersigned awards the total of $15,984.695 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Paul R. Brazil.
The clerk of the court shall enter judgment in accordance herewith.6
IT IS SO ORDERED.