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Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master .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 August 10, 2016, Sara Faley ("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 injuries, including a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine she received on October 30, 2015. On April
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 10, 2016, Sara Faley ("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 injuries, including a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine she received on October 30, 2015. On April 1..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On August 10, 2016, Sara Faley ("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 injuries, including a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine she received on October 30, 2015. On April 18, 2017, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer. (ECF No. 26.)
On October 20, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 31.) Petitioner requests attorneys' fees in the amount of $20,822.00, and attorneys' costs in the amount of $1,927.71. (Id. at 1.) In accordance with General Order #9, petitioner filed a signed statement stating she incurred no out-of-pocket expenses. Thus, the total amount requested is $22,749.71.
On October 26, 2017, respondent filed a response to petitioner's motion. (ECF No. 32.) 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 26, 2017, petitioner filed a reply. (ECF No 33). Petitioner states that her counsel has accurately recorded the time spent on this case and has filed receipts documenting the litigation expenses incurred. Id. at 1. Petitioner notes that respondent's response is boilerplate and not responsive to petitioner's application. Id. Petitioner requests that the Court award petitioner all fees and costs requested in her application.
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 $22,749.71,3 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Leah V. Durant.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
