Filed: May 12, 2017
Latest Update: May 12, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On December 3, 2015, petitioner, as Personal Representative of the Estate of Charles Tuttle ("Charles"), 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 Charles suffered Guillain-Barre Syndrome ("GBS") as a result of his influenza ("flu") vaccination on October 21, 2013, and
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On December 3, 2015, petitioner, as Personal Representative of the Estate of Charles Tuttle ("Charles"), 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 Charles suffered Guillain-Barre Syndrome ("GBS") as a result of his influenza ("flu") vaccination on October 21, 2013, and t..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On December 3, 2015, petitioner, as Personal Representative of the Estate of Charles Tuttle ("Charles"), 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 Charles suffered Guillain-Barre Syndrome ("GBS") as a result of his influenza ("flu") vaccination on October 21, 2013, and that he subsequently died as a result of his vaccine injury. On September 16, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' Stipulation. (ECF No. 24).
On April 25, 2017, petitioner filed an amended unopposed application for attorneys' fees and costs. (ECF No. 31).3 Petitioner requests attorneys' fees in the amount of $10,075.00 and attorneys' costs in the amount of $654.10 for a total amount of $10,729.10. Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 2.
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 hours or costs. However, the undersigned reduces the award to reflect a rate reduction for travel time. Ms. Williams billed 3.5 hours for travel time on December 2, 2015, amounting to a billing of $875.00. (ECF No. 31-2 at 2).4 The undersigned reduces these hours by 50%. See, e.g., Hocraffer v. HHS, No. 99-533V, 2011 WL 3705153, at *24 (noting that "Special masters consistently award compensation for travel time at 50% of the billing rate in the Vaccine Program."). This results in a reduction of $437.50.
Other than the deduction noted above, in the undersigned's experience, the request appears reasonable, and the undersigned finds no cause to further reduce the requested hours or rates.
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 application for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $10,291.605 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Christiane Derby Williams.
The clerk of the court shall enter judgment in accordance herewith.6
IT IS SO ORDERED.
