Filed: Aug. 04, 2017
Latest Update: Aug. 04, 2017
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 7, 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 she suffered a shoulder injury related to vaccine administration following an influenza vaccination on November 2, 2013. On May 12, 2017, the undersigned issued a decision awarding compensation t
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 7, 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 she suffered a shoulder injury related to vaccine administration following an influenza vaccination on November 2, 2013. On May 12, 2017, the undersigned issued a decision awarding compensation to..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On September 7, 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 she suffered a shoulder injury related to vaccine administration following an influenza vaccination on November 2, 2013. On May 12, 2017, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer. (ECF No. 30.)
On July 24, 2017, petitioner filed an unopposed motion for attorneys' fees and costs. (ECF No. 34.)3 Petitioner requests attorneys' fees in the amount of $10,614.90 and attorneys' costs in the amount of $461.75. (Id. at 1.) In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.
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 and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $11,076.654 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Edward Kraus.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.