Filed: May 05, 2016
Latest Update: May 05, 2016
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 1, 2002, Beth Rosenberg ("petitioner") filed a petition on behalf of her minor child, J.R., 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 two diphtheria-tetanus-acellular pertussis (DTaP) vaccines on March 8, 1999, and March 20, 2000, J.R. developed or experience a significant aggravation of hyper
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 1, 2002, Beth Rosenberg ("petitioner") filed a petition on behalf of her minor child, J.R., 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 two diphtheria-tetanus-acellular pertussis (DTaP) vaccines on March 8, 1999, and March 20, 2000, J.R. developed or experience a significant aggravation of hypers..
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DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On March 1, 2002, Beth Rosenberg ("petitioner") filed a petition on behalf of her minor child, J.R., 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 two diphtheria-tetanus-acellular pertussis (DTaP) vaccines on March 8, 1999, and March 20, 2000, J.R. developed or experience a significant aggravation of hypersensitivity reactions. Amended Petition at ¶ 22-24. Further, petitioner alleged that J.R. experienced residual effects of the injury for more than six months. Id. at ¶ 25. On October 2, 2015, 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 October 5, 2015.
On March 21, 2016, petitioner filed an application for attorneys' fees and costs, stating that petitioner incurred $44,893.60 in attorneys' fees, and $8,764.65 in attorneys' costs, for total fees and costs of $53,658.25. See Pet'r's App. at ¶ 1. In accordance with General Order #9, petitioner's counsel stated that petitioner did not incur any costs in this matter. Id. at ¶ 3. Petitioner's application goes on to state that "[b]ased on discussions with respondent, petitioner . . . amends the Application for Attorneys' Fees and Costs to request reimbursement in the total amount of $50,000.00. Respondent has no objection." Id. at ¶ 2. Accordingly, petitioner requests that a decision awarding final attorneys' fees and costs in the amount of $50,000.00 be issued. Id. at ¶ 4.
Under the Vaccine Act, the special master shall award reasonable attorneys' fees and costs for any petition that results in an award of compensation. 42 U.S.C. § 300aa-15(e)(1). Petitioner in this case was awarded compensation pursuant to a stipulation, and therefore is entitled to an award of reasonable attorneys' fees and costs. Upon review of counsel's billing records, the undersigned finds the hourly rate3 and number of hours billed reasonable. Petitioner's costs, which are primarily composed of costs related to petitioner's expert reports, are also reasonable. Accordingly, 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.
The undersigned awards the total of $50,000.00 as follows:
(1) A lump sum of $50,000.00 in the form of a check payable jointly to petitioner and petitioner's counsel of record, Robert J. Krakow, for attorneys' fees and costs.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
