Filed: Mar. 30, 2017
Latest Update: Mar. 30, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 MINDY MICHAELS ROTH , Special Master . On May 8, 2015, Ronald Cooper ("Mr. Cooper" or "petitioner") filed a petition for compensation on behalf of his minor child, J.C., under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleged that J.C. developed Sixth Cranial Nerve Palsy after receiving an influenza vaccination on November 24, 2012. See generally Petition ("Pet
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 MINDY MICHAELS ROTH , Special Master . On May 8, 2015, Ronald Cooper ("Mr. Cooper" or "petitioner") filed a petition for compensation on behalf of his minor child, J.C., under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleged that J.C. developed Sixth Cranial Nerve Palsy after receiving an influenza vaccination on November 24, 2012. See generally Petition ("Pet...
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
MINDY MICHAELS ROTH, Special Master.
On May 8, 2015, Ronald Cooper ("Mr. Cooper" or "petitioner") filed a petition for compensation on behalf of his minor child, J.C., under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleged that J.C. developed Sixth Cranial Nerve Palsy after receiving an influenza vaccination on November 24, 2012. See generally Petition ("Pet."), ECF No. 1. Respondent denies that the influenza vaccine caused petitioner's alleged injury. See Stipulation at ¶ 6. Nevertheless, the parties agreed to settle this case. Respondent filed a stipulation of settlement on November 23, 2016. Stipulation, ECF No. 32. Accordingly, on November 23, 2016, the undersigned issued a decision approving the settlement. Decision, ECF No. 33.
Petitioner now seeks an award of attorney's fees in the amount of $17,469.35 and costs in the amount of $916.65, for a total of $18,386.00, pursuant to Section 15(e) of the Vaccine Act. Motion for Attorney's Fees ("Motion for Fees") at 2, 5, 16, ECF No. 39. In accordance with General Order #9, petitioner's counsel has represented that petitioner did not incur any out of pocket expenses. Id. at 1. Respondent filed a response on February 24, 2017, stating that he "is satisfied that the statutory requirements for an award of attorneys' fees and costs are met in this case" but leaves the determination of reasonable costs and fees to the discretion of the special master. Response at 2, ECF No. 40. After careful consideration, the undersigned has determined to grant the request for the reasons set forth below.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Mr. Gold has previously received the currently billed rates of $345 for work performed in 2014, $360 for work performed in 2015, and $370 for work performed in 2016, commensurate with his significant experience in the vaccine program. See Karl v. Sec'y of HHS, No. 14-36V, 2016 WL 6069200 (Fed. Cl. Spec. Mstr. Sept. 20, 2016). Additionally, Mr. Gold has requested an hourly rate of $380 for work performed in 2017. The Chief Special Master has previously approved this rate. See Coston v. Sec'y of HHS, No. 16-05V, 2017 WL 1152465 (Fed. Cl. Spec. Mstr. Feb. 23, 2017). 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 $18,386.003 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Howard Gold.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
