Filed: Dec. 11, 2017
Latest Update: Dec. 11, 2017
Summary: Not to be published DECISION GRANTING INTERIM AWARD OF EXPERT COSTS 1 BRIAN H. CORCORAN , Special Master . On October 9, 2015, Ramona Knorr filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 Petitioner alleges that she suffered from several injuries, including hearing loss, vasculitis, ANCA-positive microscopic polyangiitis with renal failure, and polyneuropathy as a result of receiving the influenza vaccine on November 7,
Summary: Not to be published DECISION GRANTING INTERIM AWARD OF EXPERT COSTS 1 BRIAN H. CORCORAN , Special Master . On October 9, 2015, Ramona Knorr filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 Petitioner alleges that she suffered from several injuries, including hearing loss, vasculitis, ANCA-positive microscopic polyangiitis with renal failure, and polyneuropathy as a result of receiving the influenza vaccine on November 7, ..
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Not to be published
DECISION GRANTING INTERIM AWARD OF EXPERT COSTS1
BRIAN H. CORCORAN, Special Master.
On October 9, 2015, Ramona Knorr filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program").2 Petitioner alleges that she suffered from several injuries, including hearing loss, vasculitis, ANCA-positive microscopic polyangiitis with renal failure, and polyneuropathy as a result of receiving the influenza vaccine on November 7, 2012, and October 8, 2013. An entitlement hearing was held on October 26-27, 2017.
Last spring, Petitioner requested an interim award of attorney's fees and costs, and I issued a decision making a partial award of the sums requested. See Knorr v. Sec'y of Health & Human Servs., No. 15-1169V, 2017 WL 2461375 (Fed. Cl. Spec. Mstr. Apr. 17, 2017). Specifically, I granted attorney's fees and litigation costs incurred up to the time the interim request was made, but deferred determination of awarding expert costs of approximately $16,000.00 until after hearing. Knorr, 2017 WL 2461375, at *4.
Petitioner has now renewed that portion of her prior request. She asks for expert costs in the total sum of $35,066.74 for the services of Dr. Eric Gershwin. Interim Expert Expenses Request, dated December 7, 2017 (ECF No. 58), at 3. This sum includes the amounts previously incurred for Dr. Gershwin's time, plus his time at the October entitlement hearing, along with travel costs and other incidental expenses. The rate sought for Dr. Gershwin's time is consistent with what was requested in the earlier interim fees request. The next day, Respondent filed a reaction to the interim request, taking no position as to the propriety of the request, and otherwise deferring resolution of it to my discretion. Response, dated December 8, 2017 (ECF No. 59).
Having had the opportunity to hear Dr. Gershwin at hearing, I find that his testimony had utility and will aid my resolution of the claim. I also find that the sums requested are reasonable, and I identify no areas requiring adjustment.
Accordingly, in the exercise of the discretion afforded to me in determining the propriety of interim fees awards, and based on the foregoing, I GRANT Petitioner's Motion for Interim Expert Costs, and award a total of $35,066.74, in the form of a check jointly payable to Petitioner and Petitioner's counsel, Mr. Michael G. McLaren, Esq. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of this decision.3
IT IS SO ORDERED.
