Filed: Feb. 22, 2018
Latest Update: Feb. 22, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 27, 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 alleges that she suffered Guillain-Barr Syndrome ("GBS") caused-in-fact by the influenza vaccine she received on November 18, 2014. Petition at 1. On July 17, 2017, the undersigned issued a decision awarding
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 27, 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 alleges that she suffered Guillain-Barr Syndrome ("GBS") caused-in-fact by the influenza vaccine she received on November 18, 2014. Petition at 1. On July 17, 2017, the undersigned issued a decision awarding c..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On October 27, 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 alleges that she suffered Guillain-Barré Syndrome ("GBS") caused-in-fact by the influenza vaccine she received on November 18, 2014. Petition at 1. On July 17, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 26).
On February 9, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 32). Petitioner requests attorneys' fees in the amount of $20,573.50 and attorneys' costs in the amount of $752.62. (Id. at 4.) Additionally, in accordance with General Order #9, petitioner's counsel represented that petitioner incurred $2.80 in out-of-pocket expenses. (ECF No. 32-5). Thus, the total amount requested is $21,328.92.3
On February 15, 2018, respondent filed a response to petitioner's motion. (ECF No. 33). 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 February 20, 2018, petitioner filed a reply. (ECF No. 34). Petitioner requests that the undersigned award the amount of attorneys' fees and costs sought. Petitioner also requests out-of-pocket expenses in the amount of $2.80 that was inadvertently omitted from the request for attorney's fees and costs. (Id at 2).
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 $21,328.924 as follows:
• A lump sum of $19,189.03, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Elizabeth M. Muldowney, for work performed at RawlsMcnelis, PC; and
• A lump sum of $2,137.09, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Elizabeth M. Muldowney, for work performed at Sands Anderson PC; and
• A lump sum of $2.80, representing reimbursement for petitioner's costs, in the form of a check payable to petitioner.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
