Filed: Jun. 23, 2017
Latest Update: Jun. 23, 2017
Summary: Unpublished DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 19, 2015, Efraim Kamara ("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 he suffered Guillain-Barr Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccine on October 28, 2014. On May 18, 2017, the undersigned issued a decision awardin
Summary: Unpublished DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On August 19, 2015, Efraim Kamara ("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 he suffered Guillain-Barr Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccine on October 28, 2014. On May 18, 2017, the undersigned issued a decision awarding..
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Unpublished
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On August 19, 2015, Efraim Kamara ("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 he suffered Guillain-Barré Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccine on October 28, 2014. On May 18, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 46).
On June 7, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 51). Petitioner requests attorneys' fees in the amount of $27,995.00, attorneys' costs in the amount of $4,521.79, for a total amount of $32,516.79. Id. at 1. In compliance with General Order #9, petitioner has filed a signed statement indicating he incurred no out-of-pocket expenses.
On June 8, 2017, respondent filed a response to petitioner's motion. (ECF No. 52). 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. Petitioner has filed no reply.
In the undersigned's experience, petitioner's request appears reasonable, and the undersigned finds no cause to reduce the requested amount.
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 $32,516.79,3 representing reimbursement for all attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Nancy R. Meyers, Ward Black Law.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
