Filed: Mar. 23, 2018
Latest Update: Mar. 23, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 22, 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 Guillian-Barre Syndrome ("GBS") following the administration of an influenza ("flu") vaccination. Petition at 1, 2. On September 27, 2017, the undersigned issued a decision awarding
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 22, 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 Guillian-Barre Syndrome ("GBS") following the administration of an influenza ("flu") vaccination. Petition at 1, 2. On September 27, 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UNPUBLISHED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 November 22, 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 Guillian-Barre Syndrome ("GBS") following the administration of an influenza ("flu") vaccination. Petition at 1, 2. On September 27, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 27).
On March 1, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 31). Petitioner requests attorneys' fees in the amount of $14,058.20 and attorneys' costs in the amount of $2,027.85. (Id. at 1.) In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. (Id. at 1). Thus, the total amount requested is $16,086.05.
Respondent has filed no response.
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the requested hours appear reasonable, and the undersigned will not reduce them; however, she does reduce certain requested hourly rates.
Attorney Danielle Strait billed 0.50 hours in 2016 at a rate of $306 per hour. (ECF No. 31-1 at 9). The undersigned shall reduce Ms. Strait's hourly rate to the previously awarded rate of $300 for 2016. See Noonan v. Sec'y of Health & Human Servs., No. 13-430V, 2017 WL 4856852, at *2 (Fed. Cl. Oct. 2, 2017) (awarding Ms. Strait $300 for work performed in 2016); Brown v. Sec'y of Health & Human Servs., No. 13-594V, 2017 WL 4768120, at *2 (Fed. Cl. Sept. 27, 2017) (awarding Ms. Strait $300 for work performed in 2016); Etheridge-Criswell v. Sec'y of Health & Human Servs., No. 16-0652V, 2017 WL 7101174, at *1 (Fed. Cl. Aug. 31, 2017) (awarding Ms. Strait $300 for work performed in 2016). This results in a reduction of fees in the amount of $3.00.
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 $16,083.053 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Anne Carrion Toale. Petitioner requests payment be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota, Florida 34236.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
