Filed: Oct. 27, 2017
Latest Update: Oct. 27, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On July 8, 2016, Rebekah R. Codde ("petitioner") as the parent and legal representative of her minor daughter, I.R.H., 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 I.R.H. suffered from cellulitis and a scar which was caused in fact by a DTaP, varicella, and Hib vaccines sh
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On July 8, 2016, Rebekah R. Codde ("petitioner") as the parent and legal representative of her minor daughter, I.R.H., 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 I.R.H. suffered from cellulitis and a scar which was caused in fact by a DTaP, varicella, and Hib vaccines she..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On July 8, 2016, Rebekah R. Codde ("petitioner") as the parent and legal representative of her minor daughter, I.R.H., 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 I.R.H. suffered from cellulitis and a scar which was caused in fact by a DTaP, varicella, and Hib vaccines she received on August 21, 2014. On February 10, 2017, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer. (ECF No. 28.)
On September 7, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 39.) Petitioner requests attorneys' fees and costs in the amount of $31,430.07 to the law firm of Rawls McNelis, PC. (Id. at 8.) Petitioner also requests attorneys' fees and costs in the amount of $4,274.12 to the law firm of Sands Anderson, PC. Id. Additionally, in compliance with General Order #9, petitioner filed a signed statement stating she incurred $36.46 in out-of-pocket expenses. Petitioner's Exhibit 22. Thus, the total amount requested is $35,740.65.
On September 21, 2017, respondent filed a response to petitioner's motion. (ECF No. 40.) 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 September 21, 2017, petitioner filed a reply. (ECF No. 41.) In light of respondent's position, petitioner incorporates the arguments and authorities asserted in her original motion for attorneys' fees and costs and requests that the undersigned grant her request. 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 $35,430.07,3 as follows:
• A lump sum of $31,430.07, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Rawls McNelis, PC;
• A lump sum of $4,274.12, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Sands Anderson, PC
• A lump sum of $36.46, representing reimbursement for petitioner's costs, in the form of a check payable to petitioner.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
