Filed: Sep. 30, 2016
Latest Update: Sep. 30, 2016
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master : On February 17, 2016, petitioner filed a petition for compensation under the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 she suffered left shoulder synovitis and adhesive capsulitis that was caused-in-fact by her October 16, 2014 influenza ("flu") vaccination. Petition at 1. On September 9, 2016, the undersigned is
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master : On February 17, 2016, petitioner filed a petition for compensation under the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 she suffered left shoulder synovitis and adhesive capsulitis that was caused-in-fact by her October 16, 2014 influenza ("flu") vaccination. Petition at 1. On September 9, 2016, the undersigned iss..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master:
On February 17, 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 she suffered left shoulder synovitis and adhesive capsulitis that was caused-in-fact by her October 16, 2014 influenza ("flu") vaccination. Petition at 1. On September 9, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's Proffer. (ECF No. 17).
On September 29, 2016, petitioner filed an unopposed application for an award of attorneys' fees and costs. (ECF No. 22).3 Petitioner requests attorneys' fees in the amount of $12,890.00, attorneys' costs in the amount of $75.04, and petitioner's out-of-pocket costs in the amount of $400.00 for a total amount of $13,365.04. Id. at 4. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred $400.00 in out-of-pocket expenses.
On September 29, 2016, respondent filed a response stating that
[r]espondent does not object to the overall amount sought, as it is not an unreasonable amount to have been incurred for proceedings in this case to date. Respondent's lack of objection to the amount sought in this case should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs.
(ECF No. 23 at 1).
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 an award of attorneys' fees and costs.
Accordingly, the undersigned awards the total of $13,365.044 as follows:
• A lump sum of $12,965.04, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Mark L. 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.5
IT IS SO ORDERED.
