Filed: Jul. 05, 2017
Latest Update: Jul. 05, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 19, 2015, petitioners filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioners alleged that their son suffered intussusception requiring surgical intervention following receipt of a rotavirus vaccine. On October 31, 2016, the undersigned issued a decision awarding compensation. (ECF No. 3
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 19, 2015, petitioners filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioners alleged that their son suffered intussusception requiring surgical intervention following receipt of a rotavirus vaccine. On October 31, 2016, the undersigned issued a decision awarding compensation. (ECF No. 39..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On June 19, 2015, petitioners filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioners alleged that their son suffered intussusception requiring surgical intervention following receipt of a rotavirus vaccine. On October 31, 2016, the undersigned issued a decision awarding compensation. (ECF No. 39.)
On June 30, 2017, petitioners filed a motion for attorneys' fees and costs. (ECF No. 48.) Petitioners request attorneys' fees in the amount of $35,418.90 and attorneys' costs in the amount of $1,494.26, totaling $36,913.16 in attorneys' fees and costs. (Id. at 4.) Additionally, in compliance with General Order #9, petitioners filed a signed statement and provided supporting invoices indicating that petitioners incurred $3,315.50 in out-of-pocket expenses. Thus, the total amount requested is $40,228.66.
On June 30, 2017, respondent filed a response to petitioners' motion. (ECF No. 49.) 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 July 5, 2017, petitioners filed a reply. (ECF No. 50.) Petitioners reiterated the reasonableness of the requested award based on the arguments advanced in the initial fee application.
The undersigned has reviewed the billing records submitted with petitioners' 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 petitioners' request, the undersigned GRANTS petitioners' motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $40,228.663 as follows:
• A lump sum of $36,913.16, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioners and petitioners' counsel, Elizabeth Martin Muldowney, Esq.; and
• A lump sum of $3,315.50, representing reimbursement for petitioners' costs, in the form of a check payable to petitioners.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
