Filed: May 19, 2017
Latest Update: May 19, 2017
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 HERBRINA D. SANDERS , Special Masters . On April 23, 2014, Colette Young ("Petitioner"), as executor of the estate of Janet Moody (Ms. Moody), deceased, petitioned for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1 to -34 (2012). 2 Petitioner alleged that the administration of a Tetanus-Diphtheria-acellular-Pertussis ("Tdap") vaccine administered on April 19, 2011, caused Ms. Moody to develop Guillain-Bar
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 HERBRINA D. SANDERS , Special Masters . On April 23, 2014, Colette Young ("Petitioner"), as executor of the estate of Janet Moody (Ms. Moody), deceased, petitioned for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. 300aa-1 to -34 (2012). 2 Petitioner alleged that the administration of a Tetanus-Diphtheria-acellular-Pertussis ("Tdap") vaccine administered on April 19, 2011, caused Ms. Moody to develop Guillain-Barr..
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DECISION ON ATTORNEYS' FEES AND COSTS1
HERBRINA D. SANDERS, Special Masters.
On April 23, 2014, Colette Young ("Petitioner"), as executor of the estate of Janet Moody (Ms. Moody), deceased, petitioned for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012).2 Petitioner alleged that the administration of a Tetanus-Diphtheria-acellular-Pertussis ("Tdap") vaccine administered on April 19, 2011, caused Ms. Moody to develop Guillain-Barre Syndrome ("GBS"). Petition, filed Apr. 23, 2014. On October 12, 2016, the undersigned issued a decision awarding compensation to Petitioner pursuant to the parties' joint stipulation. Decision, ECF No. 51.
On April 3, 2017, Petitioner filed an application for attorneys' fees and costs. Petitioner requested attorneys' fees in the amount of $47,240.00 and attorneys' costs in the amount of $4,395.58. See Pet'r's Mot. Att'ys' Fees at 1, ECF No. 58. Pursuant to General Order 9, Petitioner stated that she had not personally incurred any expenses during the prosecution of this claim. ECF No. 58-5. Respondent indicated that "[t]o the extent the Special Master is treating [P]etitioner's request for attorneys' fees and costs as a motion that requires a response from [R]espondent . . . Respondent is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Resp't's Resp. at 2 (Apr. 20, 2017), ECF No. 59. Respondent recommended that the undersigned exercise her discretion and determine a reasonable award for attorneys' fees and costs. Id. at 3. Petitioner did not file a reply thereafter.
The undersigned has reviewed Petitioner's counsel's detailed records of time and expenses incurred in this case, and they are reasonable. In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e) (2012), the undersigned finds that Petitioner is entitled to attorneys' fees and costs. Accordingly, the undersigned hereby awards the amount of $51,635.58,3 in the form of a check made payable jointly to Petitioner and Petitioner's counsel, John R. Howie, Jr., of Howie Law, P.C. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
