Filed: Apr. 20, 2017
Latest Update: Apr. 20, 2017
Summary: Unpublished DECISION ON ATTORNEYS' FEES AND COSTS > 1 NORA BETH DORSEY , Chief Special Master . On July 8, 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 he suffered a shoulder injury/rotator cuff tear as a consequence of receiving the quadrivalent influenza ("flu") vaccine on October 1, 2015. On March 8, 2017, the undersigned issued a decision awardi
Summary: Unpublished DECISION ON ATTORNEYS' FEES AND COSTS > 1 NORA BETH DORSEY , Chief Special Master . On July 8, 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 he suffered a shoulder injury/rotator cuff tear as a consequence of receiving the quadrivalent influenza ("flu") vaccine on October 1, 2015. On March 8, 2017, the undersigned issued a decision awardin..
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Unpublished
DECISION ON ATTORNEYS' FEES AND COSTS>1
NORA BETH DORSEY, Chief Special Master.
On July 8, 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 he suffered a shoulder injury/rotator cuff tear as a consequence of receiving the quadrivalent influenza ("flu") vaccine on October 1, 2015. On March 8, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 22).
On March 30, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 26). Petitioner requests attorneys' fees in the amount of $25,465.10 and attorneys' costs in the amount of $750.46 for a total amount of $26,215.56. (ECF No. 27-1). The foregoing fees and costs include those requested on behalf of the Maglio Christopher & Toale law firm, which incurred $2,469.40 in fees and $230.46 in costs prior to the petition being filed by Ms. Gallagher. Id. In compliance with General Order #9, petitioner has filed a signed statement indicating that he incurred no out-of-pocket expenses. (ECF No. 26-8).
On April 17, 2017, respondent filed a response to petitioner's motion. (ECF No. 28). 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 he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3. On April 18, 2017, petitioner filed a reply. (ECF No. 29).
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 rates; however, the undersigned reduces Ms. Gallagher's requested hours by 1.4 for her billing of "Future Time."3 Billing for work not performed is prohibited. This amounts to a deduction of $508.20.4
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, with the noted deduction.
Accordingly, the undersigned awards a total of $25,707.365 as follows:
(1) A lump sum of $23,007.50, representing reimbursement for attorneys' fees and costs to his current counsel, in the form of a check jointly payable to petitioner and petitioner's current counsel, Carol L. Gallagher; and
(2) A lump sum of $2,699.86, representing reimbursement for attorneys' fees and costs to his former counsel, in the form of a check jointly payable to petitioner and petitioner's former counsel, the law firm of Maglio Christopher & Toale.
The clerk of the court shall enter judgment in accordance herewith.6
IT IS SO ORDERED.
