Filed: Apr. 30, 2018
Latest Update: Apr. 30, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 11, 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 from Guillain-Barre Syndrome ("GBS") following an Influenza vaccination on October 26, 2015. Petition at 1. On February 8, 2018, the undersigned issued a decision awarding compensatio
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 11, 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 from Guillain-Barre Syndrome ("GBS") following an Influenza vaccination on October 26, 2015. Petition at 1. On February 8, 2018, the undersigned issued a decision awarding compensation..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On October 11, 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 from Guillain-Barre Syndrome ("GBS") following an Influenza vaccination on October 26, 2015. Petition at 1. On February 8, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 49).
On April 18, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 53). Petitioner requests attorneys' fees in the amount of $22,639.00 and attorneys' costs in the amount of $1,221.79. Id. at 1. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. (ECF No. 53-1). Thus, the total amount requested is $23,860.79.
On April 19, 2018, respondent filed a response to petitioner's motion. (ECF No. 54). 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 finds it necessary to reduce the hourly rate for attorney, Nancy Routh Meyers. Ms. Meyers billed at a rate of $375.00 for her work performed in 2016-2018. The undersigned finds this rate appropriate for work billed in 2018.3 However this amount exceeds the rate previously awarded for Ms. Meyers for work performed in 2016 and 2017. See King v. Sec'y of Health & Human Services, No.15-0486V, 2017 WL 2256674 (Fed. Cl. Spec. Mstr. Apr. 27, 2017) Wiersema v. Sec'y of Health & Human Services, No.16-1430V, 2017 WL 3807014 (Fed. Cl. Spec. Mstr. Aug. 2, 2017). As is consistent with other cases in this program, Ms. Meyer's rate is reduced to $350.00 per hour for her time billed in 2016 & 2017. This results in a reduction of fees requested by $810.00. The full amount of costs requested, $1,221.79 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 $23,050.794 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Ward Black Law, P.A.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
