Filed: Apr. 10, 2018
Latest Update: Apr. 10, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 1, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA"), including left shoulder bursitis and left shoulder impingement syndrome, as a result of the influenza ("flu") vaccination
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On November 1, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA"), including left shoulder bursitis and left shoulder impingement syndrome, as a result of the influenza ("flu") vaccination ..
More
UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On November 1, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA"), including left shoulder bursitis and left shoulder impingement syndrome, as a result of the influenza ("flu") vaccination he received on October 15, 2015. Petition at 1. On January 3, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 37).
On February 28, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 41). Petitioner requests attorneys' fees in the amount of $14,565.40 and attorneys' costs in the amount of $551.37. 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 2. Thus, the total amount requested is $15,116.77.
On March 9, 2018, respondent filed a response to petitioner's motion. (ECF No. 42). 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.
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 with the following exception. Due attorney Christian Martinez's inexperience in the Vaccine Program, the undersigned does find cause to reduce his hourly rate for work performed in 2018, from the requested $215 an hour to $200 an hour. Therefore attorneys' fees are reduced by $63.00. The full amount of costs sought, $551.37 is awarded.
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 $15,053.773 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Bruce William Slane.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
