Filed: Apr. 28, 2016
Latest Update: Apr. 28, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 THOMAS L. GOWEN , Special Master . On March 31, 2014, Brian Lauer ("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 an influenza vaccination on October 14, 2012, he suffered peripheral neuropathy. Stipulation for Award at 2, 4, filed Nov. 25, 2015. On November 25, 2015, the parties filed a stipulation in
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 THOMAS L. GOWEN , Special Master . On March 31, 2014, Brian Lauer ("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 an influenza vaccination on October 14, 2012, he suffered peripheral neuropathy. Stipulation for Award at 2, 4, filed Nov. 25, 2015. On November 25, 2015, the parties filed a stipulation in w..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
THOMAS L. GOWEN, Special Master.
On March 31, 2014, Brian Lauer ("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 an influenza vaccination on October 14, 2012, he suffered peripheral neuropathy. Stipulation for Award at ¶ 2, 4, filed Nov. 25, 2015. On November 25, 2015, the parties filed a stipulation in which they agreed to an award of compensation to petitioner. On November 30, 2015, the undersigned issued a decision adopting the parties' stipulation for an award. See Decision on J. Stip., filed Nov. 30, 2015.
On April 8, 2016, petitioner filed an amended3 application for attorneys' fees and costs. Petitioner requests a total award of attorneys' fees and costs in the amount of $45,634.83. Amended Application for Fees and Costs at 1, filed Apr. 8, 2016. In accordance with General Order #9, petitioner represents that he incurred reimbursable costs in pursuit of this claim in the amount of $19.99. See Petitioner and Counsel Statement at 1, filed Apr. 6, 2016.
On April 25, 2016, respondent filed a response to petitioner's application for attorneys' fees and costs, indicating that "respondent does not object to the overall amount sought, as it is not an unreasonable amount to have incurred for proceeding in this case to date." Response at 1, filed Apr. 25, 2016. Respondent further stated that her "lack of objection to the amount sought in this case should not be construed as an admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." Id.
The undersigned has reviewed the billing records and documentation of costs, and finds them reasonable. 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, the undersigned GRANTS the request for approval and payment of attorneys' fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner's attorney, Ronald C. Homer, of Conway Homer & Chin-Caplan, in the amount of $45,634.83; and
(2) in the form of a check payable to petitioner only, in the amount of $19.99.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance herewith.4
IT IS SO ORDERED.
