Filed: Sep. 20, 2017
Latest Update: Sep. 20, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 15, 2016, Patricia Wilson ("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 an injury to her left shoulder as a result of an influenza ("flu") vaccine she received on October 10, 2013. On August 31, 2017, the undersigned issued a decision
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 15, 2016, Patricia Wilson ("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 an injury to her left shoulder as a result of an influenza ("flu") vaccine she received on October 10, 2013. On August 31, 2017, the undersigned issued a decision a..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On January 15, 2016, Patricia Wilson ("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 an injury to her left shoulder as a result of an influenza ("flu") vaccine she received on October 10, 2013. On August 31, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 57).
On June 20, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 53). Petitioner requests attorneys' fees in the amount of $7,069.50, attorneys' costs in the amount of $1,589.05, and petitioner's out-of-pocket costs in the amount of $340.54, for a total amount of $8,999.09. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred $340.54, in out-of-pocket expenses.
On June 30, 2017, respondent filed a response to petitioner's motion. (ECF No. 54). Respondent states he does not object to the overall amount sought by petitioner as it is not an unreasonable amount to have been incurred for proceedings in this case to date. Respondent states that his lack of objection to the amount sought in this case should not be construed as an admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs.
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 motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $8,999.09,3 as follows:
• A lump sum of $8,658.55, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Nemes Rooney, P.C.; and
• A lump sum of $340.54, representing reimbursement for petitioner's costs, in the form of a check payable to petitioner, Patricia Wilson.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
