Filed: Oct. 17, 2017
Latest Update: Oct. 17, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On May 23, 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 an influenza ("flu") vaccination she received on October 30, 2014, resulted in a shoulder injury related to vaccine administration ("SIRVA"). On September 11, 2017, the undersigned issued a decision a
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On May 23, 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 an influenza ("flu") vaccination she received on October 30, 2014, resulted in a shoulder injury related to vaccine administration ("SIRVA"). On September 11, 2017, the undersigned issued a decision aw..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On May 23, 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 an influenza ("flu") vaccination she received on October 30, 2014, resulted in a shoulder injury related to vaccine administration ("SIRVA"). On September 11, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. ECF No. 37.
On September 21, 2017, petitioner filed a motion for attorneys' fees and costs. ECF No. 41. Petitioner requests attorneys' fees in the amount of $19,951.50 and attorneys' costs in the amount of $1,403.78. Id. at 6. In compliance with General Order #9, petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. ECF No. 42-4. Thus, the total amount requested is $21,355.28.
Respondent did not file a response.
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, except for the necessary reduction discussed below.
Mr. Taylor requests 16.5 hours in 2015 at a rate of $375 per hour, and 26.4 hours in 2016 at a rate of $385 per hour. ECF No. 41. These rates have been awarded previously, Manning v. Sec'y of Health & Human Servs., 2016 WL 4527582 (Fed. Cl. Spec. Mstr. July 29, 2016), and the undersigned awards them herein.
Additionally, Mr. Taylor requests 9.0 hours in 2017 at a rate of $400 per hour. The undersigned declines to award this rate in this case. While Mr. Taylor competently represented petitioner, his lack of attention to deadlines3 and filing procedures4 in this case was notable. In McCulloch v. Sec'y of Health & Human Servs., 2015 WL 5634323, at *17 (Fed. Cl. Spec. Mstr. Sept. 1, 2015), the special master set forth the following factors to be considered when determining the appropriate hourly rate: (1) the prevailing rate for comparable legal work in Washington, DC; (2) the prevailing rate for cases in the Vaccine Program; (3) the experience of the attorney(s) in question within the Vaccine Program; (4) the overall legal experience of the attorney(s); (5) the quality of work performed by the attorney(s) in vaccine cases; and (6) the reputation of the attorney(s) in the legal community and community at large. In consideration of Mr. Taylor's work in this case, the undersigned finds it appropriate that he be awarded his 2016 rate for all work performed in 2017. This results in a reduction of $135.00.5
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 response from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs, minus the reduction discussed above.
Accordingly, the undersigned awards a lump sum of $21,220.28,6 representing reimbursement for all attorneys' fees and costs, in the form of a check jointly payable to petitioner and petitioner's counsel Scott B. Taylor of Urban and Taylor, S.C.
The clerk of the court shall enter judgment in accordance herewith.7
IT IS SO ORDERED.
