Filed: Dec. 17, 2018
Latest Update: Dec. 17, 2018
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 UNPUBLISHED NORA BETH DORSEY , Chief Special Master . On February 24, 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 as a result of a seasonal influenza vaccine he received on January 2, 2015. Petition at 1. On October 3, 2018, the undersigned issued a decision awarding compensatio
Summary: DECISION ON ATTORNEYS' FEES AND COSTS 1 UNPUBLISHED NORA BETH DORSEY , Chief Special Master . On February 24, 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 as a result of a seasonal influenza vaccine he received on January 2, 2015. Petition at 1. On October 3, 2018, the undersigned issued a decision awarding compensation..
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DECISION ON ATTORNEYS' FEES AND COSTS1
UNPUBLISHED
NORA BETH DORSEY, Chief Special Master.
On February 24, 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 as a result of a seasonal influenza vaccine he received on January 2, 2015. Petition at 1. On October 3, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. ECF No. 41.
On November 28, 2018, petitioner filed a motion for attorneys' fees and costs. ECF No. 46. Petitioner requests attorneys' fees in the amount of $14,771.70 and attorneys' costs in the amount of $911.46. Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 1. Thus, the total amount requested is $15,683.16.
On December 7, 2018, respondent filed a response to petitioner's motion. ECF No. 48. Respondent states that he "does not object to the overall amount sought." Id. at 1. Respondent also 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 sought." 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 $15,683.163 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Edward M. Kraus.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
