Filed: Oct. 18, 2018
Latest Update: Oct. 18, 2018
Summary: UNPUBLISHED Special Processing Unit (SPU); Attorneys' Fees and Costs. NORA BETH DORSEY , Chief Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 Dorsey, Chief Special Master: On April 18, 2017, 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 a shoulder injury as a result of receiving an influenza ("flu") vaccination on October 7, 201
Summary: UNPUBLISHED Special Processing Unit (SPU); Attorneys' Fees and Costs. NORA BETH DORSEY , Chief Special Master . DECISION ON ATTORNEYS' FEES AND COSTS 1 Dorsey, Chief Special Master: On April 18, 2017, 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 a shoulder injury as a result of receiving an influenza ("flu") vaccination on October 7, 2015..
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UNPUBLISHED
Special Processing Unit (SPU); Attorneys' Fees and Costs.
NORA BETH DORSEY, Chief Special Master.
DECISION ON ATTORNEYS' FEES AND COSTS1
Dorsey, Chief Special Master:
On April 18, 2017, 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 a shoulder injury as a result of receiving an influenza ("flu") vaccination on October 7, 2015. Petition at. On May 1, 2018, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 38).
On July 11, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 42.) Petitioner requests attorneys' fees in the amount of $14,008.30 and attorneys' costs in the amount of $610.75. 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 $14,619.05.
On July 24, 2018, respondent filed a response to petitioner's motion. (ECF No. 43). Respondent states that "does not object to the overall amount sought" (Id. at 1). Respondent also states that "lack of objection to the amount sought should not be construed as an admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." Id. at 1.
On July 25, 2018, petitioner filed a reply. (ECF No. 44). Petitioner disputes respondent's position that he has no role in resolving attorneys' fees and costs and further reiterates her view that her attorneys' fees and costs in this case are reasonable.
The undersigned has reviewed the billing records submitted with petitioner's request and finds a reduction in the amount of fees to be awarded appropriate for the reason listed below.
Attorney Franklin John Caldwell billed 6.1 hours in 2018 at a rate of $391 per hour. (ECF No. 42-1 at 14). The undersigned shall reduce Mr. Caldwell's hourly rate to the previously awarded rate of $385 for 2018. See Roetto v. Sec'y of Health & Human Servs., No. 16-0018V, 2018 WL 3031026, at *2 (Fed. Cl. Spec. Mstr. March 29, 2018) (setting Mr. Caldwell's rate for 2018). This results in a reduction of fees in the amount of $36.60.
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 $14,582.453 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Franklin John Caldwell. Petitioner requests check 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.
