Filed: Nov. 16, 2017
Latest Update: Nov. 16, 2017
Summary: DECISION AWARDING ATTORNEYS' FEES AND COSTS 1 Not for Publication LAURA D. MILLMAN , Special Master . On December 20, 2016, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), alleging that she suffered Guillain-Barr syndrome ("GBS") as a result of the influenza ("flu") vaccination she received on November 18, 2015. Pet. at 4 and 6. On September 13, 2017, respondent filed a proffer. On the same day, the undersigned issued a d
Summary: DECISION AWARDING ATTORNEYS' FEES AND COSTS 1 Not for Publication LAURA D. MILLMAN , Special Master . On December 20, 2016, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), alleging that she suffered Guillain-Barr syndrome ("GBS") as a result of the influenza ("flu") vaccination she received on November 18, 2015. Pet. at 4 and 6. On September 13, 2017, respondent filed a proffer. On the same day, the undersigned issued a de..
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DECISION AWARDING ATTORNEYS' FEES AND COSTS1
Not for Publication
LAURA D. MILLMAN, Special Master.
On December 20, 2016, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2012), alleging that she suffered Guillain-Barré syndrome ("GBS") as a result of the influenza ("flu") vaccination she received on November 18, 2015. Pet. at ¶¶ 4 and 6.
On September 13, 2017, respondent filed a proffer. On the same day, the undersigned issued a decision awarding compensation in the amount set forth in the proffer.
On November 4, 2017, petitioner filed a motion for attorneys' fees and costs, requesting attorneys' fees of $19,397.00, attorneys' costs of $3,791.44, and Dr. Steven Sykes' fee of $1,650.00, for a total request of $24,838.44. Because counsel paid the filing fee, petitioner had no costs.
On November 14, 2017, respondent filed a response to petitioner's motion explaining he is satisfied that this case meets the statutory requirements for an award of attorneys' fees and costs under 42 U.S.C. § 300aa-15(e)(1)(A)-(B). Resp. at 2. Respondent "respectfully recommends that the [undersigned] exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
The Vaccine Act permits an award of "reasonable attorneys' fees" and "other costs, incurred in any proceeding on such petition" 42 U.S.C. § 300aa-15(e)(1). It is not necessary for a petitioner to prevail in the case-in-chief in order to receive a fee award as long as petitioner brought the claim in "good faith and there was a reasonable basis for the claim." Id. The special master has "wide discretion in determining the reasonableness" of attorneys' fees and costs. Perreira v. Sec'y of HHS, 27 Fed. Cl. 29, 34 (1992), aff'd, 33 F.3d 1375 (Fed. Cir. 1994); see also Saxton ex rel. Saxton v. Sec'y of HHS, 3 F.3d 1517, 1519 (Fed. Cir. 1993) ("Vaccine program special masters are also entitled to use their prior experience in reviewing fee applications.").
Based on her experience and review of the billing records submitted by petitioner, the undersigned finds petitioner's attorneys' fees and costs request reasonable. Therefore, the undersigned GRANTS petitioner's Motion for Attorneys' Fees and Costs.
Accordingly, the court awards $24,838.44, representing attorneys' fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Jeffrey S. Pop & Associates in the amount of $24,838.44.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
