Filed: Jul. 01, 2016
Latest Update: Jul. 01, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 15, 2016, 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 he suffered a right shoulder injury related to vaccine administration ("SIRVA") caused in fact by an influenza vaccination administered on November 5, 2014. Petition at 1. On June 3, 2016, the und
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 15, 2016, 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 he suffered a right shoulder injury related to vaccine administration ("SIRVA") caused in fact by an influenza vaccination administered on November 5, 2014. Petition at 1. On June 3, 2016, the unde..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On January 15, 2016, 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 he suffered a right shoulder injury related to vaccine administration ("SIRVA") caused in fact by an influenza vaccination administered on November 5, 2014. Petition at 1. On June 3, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer. (ECF No. 18).
On June 13, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 21). Petitioner requests attorneys' fees in the amount of $15,313.50 and attorneys' costs in the amount of $593.84 for a total amount of $15,907.34. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.
On June 24, 2016, respondent filed a response to petitioner's motion. (ECF No. 23). Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by a petitioner for an award of attorneys' fees and costs." Id. at 1. Respondent adds, however, that she "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Additionally, citing five prior cases, she "asserts that a reasonable amount for fees and costs in the present case would fall between $12,000.00 to $14,000.00." Id. at 3.
On June 30, 2016, petitioner filed a reply. (ECF No. 24). Petitioner argues that respondent has provided "no precise objection" but only a list of five prior cases in which fees were awarded in the claimed range. Id. at 2. Petitioner includes a list of 15 cases in which has previously been awarded fees and contends that respondent's fee range is "unsubstantiated" based on his actual experience litigating Vaccine Act claims. Id. at 3.
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.
Petitioner requests additional attorneys' fees in the amount of $605.00 (2.2 hours of time) for preparing the reply. Id. at 5. He has not, however, provided specific billing entries describing how this time was expended. The undersigned finds the request for additional hours spent preparing the reply to be reasonable and awards the full amount requested for preparation of the reply brief, $605.00.3 Thus, the total amount awarded for attorneys' fees and costs is $16,512.34.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $16,512.344 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Paul Brazil, Esq.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
