Filed: Nov. 29, 2017
Latest Update: Nov. 29, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On July 28, 2016, Diana Sands Johnson ("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 alleges that she suffered Guillain-Barr syndrome ("GBS"), Miller Fisher Syndrome and tibial nerve palsy as a result of an influenza ("flu") vaccine she received on September 8, 2015. Peti
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On July 28, 2016, Diana Sands Johnson ("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 alleges that she suffered Guillain-Barr syndrome ("GBS"), Miller Fisher Syndrome and tibial nerve palsy as a result of an influenza ("flu") vaccine she received on September 8, 2015. Petit..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On July 28, 2016, Diana Sands Johnson ("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 alleges that she suffered Guillain-Barré syndrome ("GBS"), Miller Fisher Syndrome and tibial nerve palsy as a result of an influenza ("flu") vaccine she received on September 8, 2015. Petition at 1. On August 11, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 22.)
On November 7, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 26.) Petitioner requests attorneys' fees in the amount of $12,578.50 and attorneys' costs in the amount of $491.13. (Id. at ¶ 5.) In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. Thus, the total amount requested is $13,069.63.
Respondent has filed no response.
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 $13,069.633 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Maximillian Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.