Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 CHRISTIAN J. MORAN , Special Master . Petitioner Carrie Reyes filed her application for attorneys' fees and costs on March 1, 2016. The Secretary objected to the amount Ms. Reyes requested. Ms. Reyes is awarded $29,397.77. Carrie Reyes alleged that on October 13, 2011, she received the influenza ("flu") vaccine which caused her to develop atypical Guillain-Barr syndrome ("GBS"), chronic inflammatory demyelinating polyneuropathy ("CID
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 CHRISTIAN J. MORAN , Special Master . Petitioner Carrie Reyes filed her application for attorneys' fees and costs on March 1, 2016. The Secretary objected to the amount Ms. Reyes requested. Ms. Reyes is awarded $29,397.77. Carrie Reyes alleged that on October 13, 2011, she received the influenza ("flu") vaccine which caused her to develop atypical Guillain-Barr syndrome ("GBS"), chronic inflammatory demyelinating polyneuropathy ("CIDP..
More
UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS1
CHRISTIAN J. MORAN, Special Master.
Petitioner Carrie Reyes filed her application for attorneys' fees and costs on March 1, 2016. The Secretary objected to the amount Ms. Reyes requested. Ms. Reyes is awarded $29,397.77.
Carrie Reyes alleged that on October 13, 2011, she received the influenza ("flu") vaccine which caused her to develop atypical Guillain-Barré syndrome ("GBS"), chronic inflammatory demyelinating polyneuropathy ("CIDP"), neurogenic bladder, and other associated conditions and symptoms. The undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. Decision, issued Aug. 3, 2015, 2015 WL 5306395. Because petitioner received compensation, she is entitled to an award of attorneys' fees and costs. 42 U.S.C. § 300aa-15(e).
The Secretary objected to the amount Ms. Reyes requested. She stated that a suitable amount is between $20,000.00 to $24,000.00. The Secretary further suggested that the undersigned make a determination as to the amount of an award within that range. See Resp't's Resp. at 3.
Because the Secretary provided no explanation for how she determined the range, the Secretary's representation carries relatively little weight. The attorney's timesheets are sufficiently detailed that his activities are understandable. While there might be disagreement over some entries, the Secretary did not make any specific objections. Overall, the amount of time is reasonable.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. §15(e). The undersigned finds $29,397.77 to be a reasonable amount for all attorneys' fees and costs incurred. In compliance with General Order #9, petitioner states that she did not incur any in out-of-pocket litigation expenses while pursuing this claim. The undersigned GRANTS Ms. Reyes's motion and awards $29,397.77 in attorneys' fees and costs. This shall be paid as follows:
A lump sum payment of $29,397.77, in the form of a check made payable jointly to petitioner and petitioner's attorney, Mark T. Sadaka, Mark T. Sadaka, LLC, for attorneys' fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
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.
Any questions may be directed to my law clerk, Shannon Proctor, at (202) 357-6360.
IT IS SO ORDERED.
