Filed: May 05, 2016
Latest Update: May 05, 2016
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 THOMAS L. GOWEN , Special Master . On October 6, 2014, Jordan Garfinkel ("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 6, 2011, he suffered Lewis-Sumner Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy. On April 13, 2016, the parties filed a stipulation in which they
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 THOMAS L. GOWEN , Special Master . On October 6, 2014, Jordan Garfinkel ("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 6, 2011, he suffered Lewis-Sumner Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy. On April 13, 2016, the parties filed a stipulation in which they a..
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DECISION ON ATTORNEYS' FEES AND COSTS1
THOMAS L. GOWEN, Special Master.
On October 6, 2014, Jordan Garfinkel ("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 6, 2011, he suffered Lewis-Sumner Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy. On April 13, 2016, the parties filed a stipulation in which they agreed to an award of compensation to petitioner. On April 13, 2016, the undersigned issued a decision adopting the parties' stipulation for an award. See Decision on J. Stip., filed Apr. 13, 2016.
On May 5, 2016, petitioner filed an unopposed application for attorneys' fees and costs. Petitioner requested an award of $30,550.00 for attorneys' fees and costs. See Application for Fees and Costs at ¶ 7, filed May 5, 2016. Pursuant to General Order #9, petitioner also requested $14,450.00 as reimbursement for costs personally incurred. Id. "Respondent does not object to the overall amount requested by petitioner, but notes that the lack of objection should not be construed as an admission, concession, or waiver as to any of the matters raised by petitioner's request for attorneys' fees and costs, including but not limited to the hourly rates requested, the number of hours requested, and other litigation related costs. Id. at ¶ 8.
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 unopposed request, the undersigned GRANTS the request for approval and payment of attorneys' fees and costs and petitioner's out-of-pocket litigation expenses.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner's attorney, Stephen M. Greecher, Jr., of Tucker Arensberg, P.C., in the amount of $30,550.00; and
(2) in the form of a check payable to petitioner only, in the amount of $14,450.00.
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.3
IT IS SO ORDERED.
