Filed: Sep. 02, 2016
Latest Update: Sep. 02, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On February 2, 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 left shoulder injury as a result of his October 14, 2014 influenza ("flu") vaccination. Petition at 1. On July 5, 2016, the undersigned issued a decision awarding compensation to pet
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On February 2, 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 left shoulder injury as a result of his October 14, 2014 influenza ("flu") vaccination. Petition at 1. On July 5, 2016, the undersigned issued a decision awarding compensation to peti..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On February 2, 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 left shoulder injury as a result of his October 14, 2014 influenza ("flu") vaccination. Petition at 1. On July 5, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's Proffer. (ECF No. 20).
On August 3, 2016, petitioner filed an application for attorneys' fees and costs. (ECF No. 22). Petitioner requests attorneys' fees in the amount of $12,213.50 and attorneys' costs in the amount of $515.76 for a total amount of $12,729.26. Id. at 1-2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 2.
On August 16, 2016, respondent filed a response stating respondent "does not object to the overall amount of fees and costs request in [petitioner's] Application." (ECF No. 25).
On August 31, 2016, petitioner filed a supplemental application for attorneys' fees and costs (ECF 28) requesting the same amount of attorneys' fees and costs as sought in his initial application, but providing an accurate itemized accounting and documentation of his counsel's costs. Id. at 1. Respondent's counsel indicated by email communication to the court on September 1, 2016, that respondent maintains her position as stated in her August 16, 2016 response, and does not object to the overall amount of fees and costs requested by petitioner. (Informal Communication dated September 2, 2016.)
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 application for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $12,729.263 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Paul R. Brazil.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
