Filed: Jul. 31, 2017
Latest Update: Jul. 31, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 25, 2016, 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 alleges that he suffered Guillain-Barre Syndrome ("GBS") as a result of his influenza ("flu") vaccination on October 26, 2015. Petition at 1; Stipulation, filed May 10, 2017, at 2, 4. The case was assigned
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 25, 2016, 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 alleges that he suffered Guillain-Barre Syndrome ("GBS") as a result of his influenza ("flu") vaccination on October 26, 2015. Petition at 1; Stipulation, filed May 10, 2017, at 2, 4. The case was assigned t..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On August 25, 2016, 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 alleges that he suffered Guillain-Barre Syndrome ("GBS") as a result of his influenza ("flu") vaccination on October 26, 2015. Petition at 1; Stipulation, filed May 10, 2017, at ¶¶ 2, 4. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters. On May 11, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 19).
On June 2, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 23). Petitioner requests attorneys' fees in the amount of $14,282.00 and attorneys' costs in the amount of $1,960.46. Id. at 1. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. (ECF No. 23-4). Thus, the total amount requested is $16,242.46.
On June 12, 2017, respondent filed a response to petitioner's motion. (ECF No. 24). 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 he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
On June 17, 2017, petitioner filed a reply, with additional legal support for the hourly rates requested in his application. (ECF No. 25).
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.3
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 a lump sum in the amount of $16,242.464, representing reimbursement for all attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Jeffrey S. Pop of Jeffrey S. Pop & Associates.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
