Filed: Aug. 31, 2017
Latest Update: Aug. 31, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On February 17, 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 alleged that that she suffered a shoulder injury as a result of her September 16, 2014 influenza ("flu") vaccine. On May 25, 2017, the undersigned issued a decision awarding compensation to petitioner based o
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On February 17, 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 alleged that that she suffered a shoulder injury as a result of her September 16, 2014 influenza ("flu") vaccine. On May 25, 2017, the undersigned issued a decision awarding compensation to petitioner based on..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On February 17, 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 alleged that that she suffered a shoulder injury as a result of her September 16, 2014 influenza ("flu") vaccine. On May 25, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' Stipulation. (ECF No. 29.)
On June 27, 2017, petitioner filed an application for attorneys' fees and costs. (ECF No. 33.) Petitioner requests attorneys' fees in the amount of $11,808.00 and attorneys' costs in the amount of $704.13. (Id. at 2.) In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Thus, the total amount requested is $12,512.13.
On July 10, 2017, respondent filed a response stating respondent has no objection to petitioner's motion. (ECF No. 34.) Respondent cautions, however, that his lack of objection "should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." Id.
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 and the lack of opposition from respondent, the undersigned GRANTS petitioner's application for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $12,512.133 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Paul Brazil.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.