Filed: May 30, 2017
Latest Update: May 30, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 6, 2014, 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 injuries, described as Guillain-Barr Syndrome ("GBS"), caused-in-fact by the influenza vaccine he received on November 3, 2012. Petition at 1, 2, 11. On October 21, 2016, the under
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 6, 2014, 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 injuries, described as Guillain-Barr Syndrome ("GBS"), caused-in-fact by the influenza vaccine he received on November 3, 2012. Petition at 1, 2, 11. On October 21, 2016, the unders..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On November 6, 2014, 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 injuries, described as Guillain-Barré Syndrome ("GBS"), caused-in-fact by the influenza vaccine he received on November 3, 2012. Petition at 1, ¶¶ 2, 11. On October 21, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 48).
On May 9, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 52). Petitioner requests attorneys' fees in the amount of $7,650.00 and attorneys' costs in the amount of $587.76 for a total amount of $8,237.76. See Petitioner's Counsel's Affidavit and Itemized Attorneys' Fees and Costs, filed as an Attachment to Petitioner's Motion at 6 (ECF No. 52-1). The amount requested for attorneys' fees is based upon an hourly rate of $275 for work performed by petitioner's counsel, Michael Bell, in 2013-17 and an hourly rate of $100 for paralegal work performed in 2013-17. Id. at ¶¶ 4, 8. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. See Statement Regarding General Order #9, filed May 30, 2017 (ECF No. 54). On May 25, 2017, respondent filed a response. (ECF No. 53).
In her response, 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 she "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Petitioner "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
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 rates.
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.
Accordingly, the undersigned awards the total of $8,237.763 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Michael Bell.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
