Filed: Apr. 20, 2016
Latest Update: Apr. 20, 2016
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 23, 2015, Kimberly and David Tait ("petitioners") filed a petition on behalf of their minor child, D.T., pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to 34 (2012). Petitioners alleged that as a result of receiving DTaP, Hib, IPV, and MMR vaccinations on January 30, 2015, D.T. developed Type 1 Diabetes. Petition at Preamble, 9, 11. On February 12, 2016,
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 23, 2015, Kimberly and David Tait ("petitioners") filed a petition on behalf of their minor child, D.T., pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to 34 (2012). Petitioners alleged that as a result of receiving DTaP, Hib, IPV, and MMR vaccinations on January 30, 2015, D.T. developed Type 1 Diabetes. Petition at Preamble, 9, 11. On February 12, 2016, ..
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DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On November 23, 2015, Kimberly and David Tait ("petitioners") filed a petition on behalf of their minor child, D.T., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioners alleged that as a result of receiving DTaP, Hib, IPV, and MMR vaccinations on January 30, 2015, D.T. developed Type 1 Diabetes. Petition at Preamble, ¶¶ 9, 11.
On February 12, 2016, petitioners filed a motion for a decision dismissing their petition. A decision dismissing the petition was issued. The undersigned issued a Decision dismissing the petition on February 16, 2016.
On April 12, 2016, petitioners filed an application for attorneys' fees and costs, requesting $5,576.50 in attorneys' fees, and $700.55 in attorneys' costs, for a total fees and costs award of $6,277.05. See Pet'rs' App. at 1-2. Petitioners' counsel filed an itemized invoice for attorneys' fees and costs with the motion. See id., Exhibit A. In accordance with General Order #9, petitioners' counsel states that petitioner did not incur any costs in pursuit of the claim. Id. at 1.
On April 18, 2016, respondent filed a response to petitioners' application, stating:
Based on a survey of fee awards in similar cases and her experience litigating Vaccine Act claims, respondent has no objection to the overall amount requested in petitioners' motion. However, the lack of objection should not be construed as an admission, concession, or waiver as to any of the matters raised by petitioners' request for attorney's fees and costs. . .
Resp's Response at 2.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). The undersigned has reviewed counsel's time records, tasks performed, and costs requested, and finds them reasonable. 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.
Accordingly, the undersigned awards the total of $6,277.05 as follows:
(1) A lump sum of $6,277.05 in the form of a check payable jointly to petitioners and petitioners' counsel of record, Andrew D. Downing, for attorneys' fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
