Filed: May 11, 2016
Latest Update: May 11, 2016
Summary: Unpublished DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On December 3, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleged that as a result of receiving an influenza ("flu") vaccine on October 21, 2014, she suffered an injury to her left shoulder. On April 12, 2016, the undersigned issued a decision awarding compensation t
Summary: Unpublished DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On December 3, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleged that as a result of receiving an influenza ("flu") vaccine on October 21, 2014, she suffered an injury to her left shoulder. On April 12, 2016, the undersigned issued a decision awarding compensation to..
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Unpublished
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On December 3, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleged that as a result of receiving an influenza ("flu") vaccine on October 21, 2014, she suffered an injury to her left shoulder. On April 12, 2016, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 17).
On May 9, 2016, petitioner moved for attorneys' fees and costs. (ECF No. 21). On May 11, 2016, petitioner filed an amended application for attorneys' fees and costs to which respondent does not object. (ECF. No. 24). Petitioner now requests attorneys' fees in the amount of $13,235.04 and attorneys' costs in the amount of $764.96 for a total amount of $14,000.00. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). 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 $14,000.003 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Paul Brazil.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
