Filed: Nov. 17, 2016
Latest Update: Nov. 17, 2016
Summary: Unpublished DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 10, 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 related to vaccine administration ("SIRVA") as a consequence of the influenza ("flu") vaccine she received on or about August 28, 2014. On July 13, 2016, the undersigne
Summary: Unpublished DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 10, 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 related to vaccine administration ("SIRVA") as a consequence of the influenza ("flu") vaccine she received on or about August 28, 2014. On July 13, 2016, the undersigned..
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Unpublished
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On June 10, 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 related to vaccine administration ("SIRVA") as a consequence of the influenza ("flu") vaccine she received on or about August 28, 2014. On July 13, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 26.)
On August 30, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 30.) Petitioner requests total attorneys' fees and costs in the amount of $23,101.86, which includes attorneys' fees in the amount of $21,873.00 and attorneys' costs and advances in the amount of $1,228.86. (ECF No. 30-2, pp 12-13.) In compliance with General Order #9, petitioner has filed a signed statement indicating petitioner incurred no out-of-pocket expenses. (ECF No. 30-3.)
On October 3, 2016, respondent filed a response to petitioner's motion. (ECF No. 34.) Respondent disputed that petitioner's counsel should be compensated at forum rates. Id. at 1. Respondent "asserts that a reasonable amount for fees and costs in the present case would fall between $12,000.00 and $14,000.00," but provides little explanation for how she arrived at this proposed range, citing only five prior cases that she characterizes as similar. Id. at 12-13. Petitioner did not file a reply brief.
On November 4, 2016, the undersigned issued a reasoned decision in Henry v. HHS, No. 15-545V (Fed. Cl. Spec. Mstr. Nov. 4, 2016), addressing the parties' respective arguments regarding the appropriateness of forum versus local hourly rates for the McLaren firm. The undersigned concluded that petitioner's counsel should be compensated at forum rates which are consistent with the rates requested in the instant application. However, the undersigned reduced the hourly rates billed for attorney travel time and for work performed by paralegals in 2016. The undersigned adopts the reasoning in the Henry decision for the instant analysis.
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. However, consistent with Henry, supra, the undersigned reduces the award to reflect a rate reduction for travel time and for 2016 paralegal rates. The undersigned also reduces the claimed cost of a meal had while on travel.
In June of 2015, Mr. Webb billed a total of 9.0 hours for travel time at a full rate of $295, amounting to $2,655.00. (ECF No. 30-2, pp. 4-5.) The undersigned reduces these hours by 50%. See, e.g., Hocraffer v. HHS, No. 99-533V, 2011 WL 3705153, at *24 (special masters consistently award compensation for travel time at 50% of the billing rate). This results in a reduction of $1,327.50.
Mr. Webb also claimed $98.05 for a single dinner he had while on travel. (ECF No. 30-2, p. 27.) The undersigned finds the requested amount to be unreasonable and reduces it to $51.00, an amount reflective of 2015 federal per diem rates for meals and incidental expenses for Alabama.3 This results in a reduction of $47.05.
Additionally, in 2016 petitioner's counsel billed 4.3 hours of paralegal time at a rate of $150, amounting to $645.00. (ECF No. 30-2, p. 13.) Adjusting the hourly rate to $145 reduces the total amount to $623.50, a reduction of $21.50.
Based on all of the above, the undersigned finds that petitioner's counsel is entitled to reasonable attorneys' fees and costs as follows:
Requested attorneys' fees (based on 76.4 total hours): $21,873.00
Less 50% reduction for 9.0 travel hours: -$1,327.50
Less 2016 paralegal rate reduction: -$21.50
Adjusted total: $20,524.00
Requested costs: +$1,228.86
Less meal reduction: -$47.05
Adjusted total: $1,181.81
Total Attorneys' Fees and Costs Awarded: $21,705.81
Accordingly, the undersigned awards a total of $21,705.81,4 representing reimbursement for attorneys' fees and costs, in the form of a check jointly payable to petitioner and petitioner's counsel, Black McLaren Jones Ryland & Griffee, P.C.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
