Filed: Aug. 03, 2018
Latest Update: Aug. 03, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 20, 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 left extremity vaccination injury which was caused-in-fact by his receipt of the flu vaccine on December 16, 2015. Petition at 1, 2-5. On June 6, 2018, the undersigned issued a d
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 20, 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 left extremity vaccination injury which was caused-in-fact by his receipt of the flu vaccine on December 16, 2015. Petition at 1, 2-5. On June 6, 2018, the undersigned issued a de..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On September 20, 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 left extremity vaccination injury which was caused-in-fact by his receipt of the flu vaccine on December 16, 2015. Petition at ¶¶1, 2-5. On June 6, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 20).
On July 2, 2018, petitioner filed an unopposed motion for attorneys' fees and costs. (ECF No. 24).3 Petitioner requests attorneys' fees in the amount of $7,733.80 and attorneys' costs in the amount of $838.05. 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 $8,571.85.
The undersigned has reviewed the billing records submitted with petitioner's request and finds it necessary to reduce the following attorney rates and hours billed.
The undersigned finds it necessary to reduce the hourly rate of Petitioner's counsel Ms. Strait. Petitioner's counsel billed at a rate of $300 for 2016, $320.00 for 2017, and $322.00 for 2018. The rate of $300 has been previously awarded to Ms. Strait for work performed in 2016. The undersigned finds the rate of $322.00 for work performed in 2018 reasonable. However, as is consistent with other cases in this program, Ms. Strait is awarded $307.00 per hour for work performed in 2017.4 This results in a reduction of $101.40.
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 attorneys' fees and costs.
Accordingly, the undersigned awards the total of $8,470.455 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Danielle Strait. 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.6
IT IS SO ORDERED.
