Filed: Jan. 11, 2019
Latest Update: Jan. 11, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On February 22, 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 as a result of receiving a pneumococcal conjugate vaccine on December 30, 2015. Petition at 1. On June 20, 2018, the undersigned issued a decision awarding compensa
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On February 22, 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 as a result of receiving a pneumococcal conjugate vaccine on December 30, 2015. Petition at 1. On June 20, 2018, the undersigned issued a decision awarding compensat..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On February 22, 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 as a result of receiving a pneumococcal conjugate vaccine on December 30, 2015. Petition at 1. On June 20, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. ECF No. 36.
On December 17, 2018, petitioner filed a motion for attorneys' fees and costs. ECF No. 42. Petitioner requests attorneys' fees and costs expended by counsel's prior firm, Rawls Law Group, PC, in the amount of $17,628.90 and attorneys' fees and costs expended by counsel's current firm, Sands Anderson, PC, in the amount of $9,788.47 Id. at 8. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. ECF No. 42-4 at 1. Thus, the total amount requested is $27,417.37.
On December 21, 2018, respondent filed a response to petitioner's motion. ECF No. 43. Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by a petitioner for an award of attorneys' fees and costs." Id. at 1. Respondent adds, however, that he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
On December 26, 2018, petitioner filed a reply. ECF No. 44. Petitioner requests that the undersigned award the amount of attorneys' fees and costs sought.
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 $27,417.373 as follows:
• A lump sum of $17,628.90, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and Rawls Law Group, PC, and
• A lump sum of $9,788.47, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to petitioner and petitioner's counsel, Elizabeth M. Muldowney, Sands Anderson PC.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
