Filed: Aug. 23, 2017
Latest Update: Aug. 23, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On April 28, 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 she suffered right shoulder injuries resulting from "adverse effects" of an influenza vaccination received on October 23, 2014. Pet. at 1. (ECF No. 1). On July 18, 2017, the undersigned issued a de
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On April 28, 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 she suffered right shoulder injuries resulting from "adverse effects" of an influenza vaccination received on October 23, 2014. Pet. at 1. (ECF No. 1). On July 18, 2017, the undersigned issued a dec..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On April 28, 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 she suffered right shoulder injuries resulting from "adverse effects" of an influenza vaccination received on October 23, 2014. Pet. at 1. (ECF No. 1). On July 18, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. Decision, dated July 18, 2017 (ECF No. 32).
On July 25, 2017, petitioner filed a motion for attorneys' fees and costs. Mot. for Attys' Fees and Costs, dated July 25, 2017 (ECF No. 34). Petitioner requests attorneys' fees in the amount of $15,029.50 and attorneys' costs in the amount of $646.80. 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 $15,676.30.
On August 10, 2017, respondent filed a response to petitioner's motion. Resp. to Mot. for Attys' Fees and Costs (ECF No. 35). Respondent does not object to the overall amount sought, "as it is not an unreasonable amount to have been incurred for proceedings in this case to date." Id. at 1. Respondent adds that his "lack of objection to the amount sought in this case 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. Petitioner has filed no 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 $15,676.303 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Maximillian J. Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
