Filed: Apr. 22, 2016
Latest Update: Apr. 22, 2016
Summary: UNPUBLISHED THOMAS L. GOWEN , Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 On July 12, 2010, Kayla Stacy ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to 34 (2012). Petitioner alleged that, as a result of receiving Human Papillomavirus Quadrivalent ("HPV") vaccinations on July 12, 2007; September 26, 2007; and May 15, 2008, she developed ankylosing spondylitis, arthritis and fibromyalgia. Petition at 12
Summary: UNPUBLISHED THOMAS L. GOWEN , Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 On July 12, 2010, Kayla Stacy ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to 34 (2012). Petitioner alleged that, as a result of receiving Human Papillomavirus Quadrivalent ("HPV") vaccinations on July 12, 2007; September 26, 2007; and May 15, 2008, she developed ankylosing spondylitis, arthritis and fibromyalgia. Petition at 12...
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UNPUBLISHED
THOMAS L. GOWEN, Special Master.
DECISION ON ATTORNEYS' FEES AND COSTS1
On July 12, 2010, Kayla Stacy ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleged that, as a result of receiving Human Papillomavirus Quadrivalent ("HPV") vaccinations on July 12, 2007; September 26, 2007; and May 15, 2008, she developed ankylosing spondylitis, arthritis and fibromyalgia. Petition at ¶ 12. Further, petitioner alleged that she experienced residual effects of the injury for more than six months. Id. On September 11, 2005, the parties filed a stipulation in which they stated that a decision should be entered awarding compensation. The undersigned issued a Decision pursuant to the parties' stipulation on September 15, 2015.
On April 15, 2016, petitioner filed an application for attorneys' fees and costs, requesting $17,412.25 in attorneys' fees, and $3,893.07 in attorneys' costs, for a total fees and costs award of $21,305.32. See Pet'r's App. at 1. In accordance with General Order #9, petitioner's counsel states that petitioner did not incur any costs in pursuit of her claim. Id. Respondent filed a response on April 21, 2016, stating that she does not object to the overall amount sought by petitioner. Resp's Response at 1.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). The undersigned has reviewed counsel's time records and tasks performed, and finds them reasonable. Ms. Gonyea and Mr. Greenwood's billing rates are reasonable based on their approximately 8 and 25 years of legal experience, respectively. Counsel submitted an itemized list of their costs, which the undersigned has also reviewed and finds 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 $21,305.32 as follows:
(1) A lump sum of $21,305.32 in the form of a check payable jointly to petitioner and petitioner's counsel of record, Katherine D. Gonyea, for attorneys' fees and costs.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
