Filed: Oct. 30, 2017
Latest Update: Oct. 30, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On April 14, 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 severe shoulder pain after receiving the tetanus vaccine 3 on July 24, 2015. Petition at 1, 1-3, 12. On April 18, 2017, the undersigned issued a decision awarding compensation to p
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On April 14, 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 severe shoulder pain after receiving the tetanus vaccine 3 on July 24, 2015. Petition at 1, 1-3, 12. On April 18, 2017, the undersigned issued a decision awarding compensation to pe..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On April 14, 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 severe shoulder pain after receiving the tetanus vaccine3 on July 24, 2015. Petition at 1, ¶¶ 1-3, 12. On April 18, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 31.)
On October 20, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 35.) Petitioner requests attorneys' fees in the amount of $22,377.00 and attorneys' costs in the amount of $1,018.68. Id. at 1. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $23,395.68.
On October 27, 2017, respondent filed a response to petitioner's motion. (ECF No. 36.) 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 October 27, 2017, petitioner filed a reply. (ECF No. 37.) Petitioner stresses respondent is satisfied that an award of attorneys' fees and costs is appropriate and has raised no specific objection to any of the billing entries or litigation costs requested. Id. at 1. Petitioner asserts "[p]etitioner's counsel has fully and carefully documented the hours counsel expended on this case, and has provided receipts for all costs claimed for reimbursement." Id. at 2.
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 $23,395.684 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Leah Durant.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
