Filed: Sep. 08, 2016
Latest Update: Sep. 08, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On July 6, 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 she suffered a shoulder injury caused by her September 22, 2014 influenza vaccine. On July 13, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipula
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On July 6, 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 she suffered a shoulder injury caused by her September 22, 2014 influenza vaccine. On July 13, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulat..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On July 6, 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 she suffered a shoulder injury caused by her September 22, 2014 influenza vaccine. On July 13, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 29).
On August 16, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 34). Petitioner requests attorneys' fees in the amount of $18,874.50 and attorneys' costs in the amount of $1,583.41 for a total amount of $20,457.91. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.
On August 25, 2016, respondent filed a response to petitioner's motion. (ECF No. 35). 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, she "asserts that a reasonable amount for fees and costs in the present case would fall between $12,000.00 to $14,000.00" but provides no basis or explanation for how she arrived at this proposed range. Id. at 3.
On September 2, 2016, petitioner filed a reply. (ECF No. 36). Petitioner argues that respondent proposed fee range is arbitrary. Id. at 1. Petitioner includes a list of the attorneys' fees and costs awarded petitioner's counsel for cases litigated during 2015.
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 $275.00 (one hour 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 hour spent preparing the reply to be reasonable and awards the full amount requested for preparation of the reply brief. Thus, the total amount awarded for attorneys' fees and costs is $20,732.91.
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 $20,732.913 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Maximillian Muller, Esq.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
