Filed: Apr. 25, 2017
Latest Update: Apr. 25, 2017
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 21, 2015, Timothy Miremont ("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 from Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on August 22, 2013. On October 27, 2016, the undersigned issued a decision awarding
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 21, 2015, Timothy Miremont ("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 from Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on August 22, 2013. On October 27, 2016, the undersigned issued a decision awarding c..
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DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On August 21, 2015, Timothy Miremont ("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 from Guillain-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on August 22, 2013. On October 27, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 36).
On April 24, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 41). Petitioner requests attorneys' fees in the amount of $12,630.00, and attorneys' costs in the amount of $1,275.93 for a total amount of $13,905.93. Id. at 1, Attachment at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.
On April 25, 2017, respondent filed a response to petitioner's motion for attorney's fees and costs. (ECF No. 43). Respondent states that he does not objection to the overall amount sought, as it is not an unreasonable amount to have been incurred for proceedings in this case to date. Respondent further states that his lack of objection to the amount sought in this case should not be construed as an admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs.
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 motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $13,905.933 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Craig S. Watson.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
