Filed: Sep. 19, 2018
Latest Update: Sep. 19, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 8, 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 related to vaccine administration ("SIRVA") following receipt of her September 23, 2015 influenza vaccination. Petition at 1. On July 10, 2018, the undersigned issu
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On September 8, 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 related to vaccine administration ("SIRVA") following receipt of her September 23, 2015 influenza vaccination. Petition at 1. On July 10, 2018, the undersigned issue..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On September 8, 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 related to vaccine administration ("SIRVA") following receipt of her September 23, 2015 influenza vaccination. Petition at 1. On July 10, 2018, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 28.)
On August 21, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 30). Petitioner requests attorneys' fees in the amount of $7,860.00 and attorneys' costs in the amount of $1,382.60. 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. 31). Thus, the total amount requested is $9,242.60.
Respondent has not filed a response.
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.
Petitioner's counsel, Jenifer Placzek, billed at a rate of $300 per hour for work performed from 2016-2018. Paralegal, Tracy Dougan, billed at a rate of $150 per hour for work performed from 2016-2018. The undersigned finds the rate of $300 per hour for Ms. Placzek reasonable and awards it herein. The undersigned finds the rate of $150 per hour reasonable for work performed in 2018. However, the undersigned finds it necessary to reduce the 2016 and 2017 hourly rates for Ms. Dougan as they exceed the rates for paralegals based on the OSM Attorney's Forum Hourly Rate Fee Schedule.3 The undersigned reduced Ms. Dougan's rates to the following: $145 per hour for work performed in 2016 and $148 per hour for work performed in 2017. This reduces the overall request for attorney's fees in the amount of $49.00.
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 IN PART petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $9,193.604 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Jenifer Marie Placzek.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
