Filed: May 26, 2017
Latest Update: May 26, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 13, 2016, Jamie Spivak ("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") on behalf of her minor child, C.C. Petitioner alleges C.C. was diagnosed with immune thrombocytopenia purpura ("ITP") which was caused-in-fact by the measles, mumps, and rubella ("MMR") vaccine C.C. recei
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 13, 2016, Jamie Spivak ("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") on behalf of her minor child, C.C. Petitioner alleges C.C. was diagnosed with immune thrombocytopenia purpura ("ITP") which was caused-in-fact by the measles, mumps, and rubella ("MMR") vaccine C.C. receiv..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On January 13, 2016, Jamie Spivak ("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") on behalf of her minor child, C.C. Petitioner alleges C.C. was diagnosed with immune thrombocytopenia purpura ("ITP") which was caused-in-fact by the measles, mumps, and rubella ("MMR") vaccine C.C. received on February 5, 2013, and the varicella vaccine C.C. received on February 28, 2013. Petition at 1, ¶¶ 4, 11. On March 2, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 28).
On May 4, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 31). Petitioner requests attorneys' fees in the amount of $13,987.00 and attorneys' costs in the amount of $897.53 for a total amount of $14,884.53. Id. at 1. The amount requested for attorneys' fees is based upon an hourly rate of $295 for work performed by petitioner's counsel, Randall Knutson, in 2015-17 and an hourly rate of $75 for paralegal work performed in 2015-17. See Affidavits from Petitioner's Counsel and other Attorneys in the Area and Billing Records, filed as Attachments 1-4 to Petitioner's Motion for Attorneys' Fees and Costs ("Pet. Motion") (ECF Nos. 31-1 thru 31-4). In compliance with General Order #9, petitioner filed a signed statement indicating petitioner incurred no out-of-pocket expenses. See General Order #9 Statement, filed as Attachment 5 to Pet. Motion (ECF No. 31-5). Furthermore, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Pet. Motion at 1. Respondent filed a response on May 22, 2017 (ECF No. 32).
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. By email communication on May 26, 2017, petitioner's counsel indicated petitioner did not intend to file a reply.
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 $14,884.533 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Randall G. Knutson.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
