Filed: Jul. 16, 2018
Latest Update: Jul. 16, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 30, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") resulting from an influenza ("flu") vaccination administered on October 1, 2015. Petition at 1-5. On March 26, 2018, the und
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 30, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") resulting from an influenza ("flu") vaccination administered on October 1, 2015. Petition at 1-5. On March 26, 2018, the unde..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On March 30, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") resulting from an influenza ("flu") vaccination administered on October 1, 2015. Petition at 1-5. On March 26, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 25).
On June 18, 2018, petitioner filed an unopposed motion for attorneys' fees and costs. (ECF No. 30).3 Petitioner requests attorneys' fees in the amount of $13,716.50 and attorneys' costs in the amount of $807.27. 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 $14,523.77.
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, however the undersigned finds is necessary to reduce the request for attorney's fees for the reasons listed below.
Upon review of the records, a number of entries billed by the paralegals are for tasks better characterized as clerical or administrative. It is clearly established that secretarial work "should be considered as normal overhead office costs included within the attorneys' fee rates." Rochester v. U.S., 18 Cl. Ct. 379, 387 (1989); Dingle v. Sec'y of Health & Human Servs., No. 08-579V, 2014 WL 630473, at *4 (Fed. Cl. Spec. Mstr. Jan. 24, 2014). "[B]illing for clerical and other secretarial work is not permitted in the Vaccine Program." Mostovoy, 2016 WL 720969, at *5 (citing Rochester, 18 Cl. Ct. at 387). A total of 1.30 hours4 was billed by paralegals on administrative tasks including, paying invoices, organizing documents and mailing correspondence. For these reasons the request for attorney's fees is reduced in the amount of $184.80.5
The undersigned notes there are duplicated billing entries. The duplicated entries are March 14, 2018 (0.10 hrs) "Telephone call to client." and March 16, 2018 (0.10 hrs) "Review electronic notice. Review and download order. Calendar deadline." (ECF No. 30-1 at 9). The undersigned reduces the request for attorney's fees by $29.30, the total of the duplicated billing entries.
The full amount of costs requested, $807.27, is awarded.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for reduced attorneys' fees and costs.
Accordingly, the undersigned awards the total of $14,309.676 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Alison H. Haskins. 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.7
IT IS SO ORDERED.
