Filed: Oct. 29, 2018
Latest Update: Oct. 29, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 6, 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 from right shoulder injuries as a result of receiving an influenza ("flu") vaccine on October 9, 2014. Petition at 1. On September 27, 2018, the undersigned issued a decision awarding
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On October 6, 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 from right shoulder injuries as a result of receiving an influenza ("flu") vaccine on October 9, 2014. Petition at 1. On September 27, 2018, the undersigned issued a decision awarding c..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On October 6, 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 from right shoulder injuries as a result of receiving an influenza ("flu") vaccine on October 9, 2014. Petition at 1. On September 27, 2018, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. ECF No. 27.
On October 5, 2018, petitioner filed a motion for attorneys' fees and costs. ECF No. 31. Petitioner requests attorneys' fees in the amount of $10,614.40 and attorneys' costs in the amount of $733.50. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $11,347.90.
On October 19, 2018, respondent filed a response to petitioner's motion. ECF No. 32. Respondent states that he "does not object to the overall amount sought". Id. at 1. Respondent states that his "lack of objection to the amount sought in this case 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.
Petitioner has filed no reply.
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.
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 $11,347.903 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Paul R. Brazil.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
