Filed: Aug. 30, 2016
Latest Update: Aug. 30, 2016
Summary: UNPUBLISHED DECISION GRANTING ATTORNEYS' FEES AND COSTS 1 MINDY MICHAELS ROTH , Special Master . On January 29, 2015, James Bojan ("Mr. Bojan" or "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"), on behalf of his child, J.D.B., Petitioner alleged that J.D.B., developed idiopathic thrombocytopenic purpura ("ITP") as the result of a Diphtheria-Tetanus-acellular Pertussis ("DTaP") v
Summary: UNPUBLISHED DECISION GRANTING ATTORNEYS' FEES AND COSTS 1 MINDY MICHAELS ROTH , Special Master . On January 29, 2015, James Bojan ("Mr. Bojan" or "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"), on behalf of his child, J.D.B., Petitioner alleged that J.D.B., developed idiopathic thrombocytopenic purpura ("ITP") as the result of a Diphtheria-Tetanus-acellular Pertussis ("DTaP") va..
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UNPUBLISHED
DECISION GRANTING ATTORNEYS' FEES AND COSTS1
MINDY MICHAELS ROTH, Special Master.
On January 29, 2015, James Bojan ("Mr. Bojan" or "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"), on behalf of his child, J.D.B., Petitioner alleged that J.D.B., developed idiopathic thrombocytopenic purpura ("ITP") as the result of a Diphtheria-Tetanus-acellular Pertussis ("DTaP") vaccine he received on or about January 27, 2012. See generally Petition ("Pet."), ECF No. 1. Respondent denied that the DTaP immunization was responsible for J.D.B.'s alleged injury; however, respondent elected to informally resolve this matter. See Stipulation for Award, filed July 13, 2016, ECF No. 33. On July 13, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. Decision, ECF No. 34.
Petitioner now seeks an award of attorney's fees and costs in the amount of $23,946.29, pursuant to Section 15(e) of the Vaccine Act. Motion for Attorney's Fees ("Motion for Fees"), ECF No. 35, at 4. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred $400.00 in out-of-pocket expenses. Respondent filed a response to the petitioner's motion for fees on August 17, 2016. Response to Motion for Attorney's Fees ("Response), ECF No. 36. Respondent made no specific objections to petitioner's fee application, and stated that the amount of fees and costs sought was "not unreasonable." Response at 1. After careful consideration, the undersigned has determined to grant the request in full for the reasons set forth below.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Mr. Krueger has previously received the currently billed rate of $300 per hour, commensurate with his significant experience with the vaccine program. See McNulty v. Sec'y HHS, No. 13-489V, 2016 WL 4060689 (Fed. Cl. Spec. Mstr. June 30, 2016). 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 $23,946.293 as follows:
• A lump sum of $23,546.29, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Mark Krueger; and
• A lump sum of $400.00, representing reimbursement for petitioner's costs, in the form of a check payable to petitioner.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
