Filed: Mar. 07, 2019
Latest Update: Mar. 07, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 21, 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 Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of her December 15, 2014 influenza ("flu") vaccination. Petition at 1. On October 18, 2018, the undersigned issued
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On June 21, 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 Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of her December 15, 2014 influenza ("flu") vaccination. Petition at 1. On October 18, 2018, the undersigned issued ..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On June 21, 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 Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of her December 15, 2014 influenza ("flu") vaccination. Petition at 1. On October 18, 2018, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. ECF No. 42.
On January 9, 2019, petitioner filed a motion for attorneys' fees and costs. ECF No. 47. Petitioner requests $12,229.66 in attorneys' fees and costs for work performed by Rawls Law Group, PC and $6,487.24 in attorneys' fees and costs for work performed by Sands Anderson PC. 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. 47-4. Thus, the total amount requested is $18,716.90.
On January 30, 2019, respondent filed a response to petitioner's motion. ECF No. 48. 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 January 31, 2019, petitioner filed a reply. ECF No. 49. Petitioner stated that "as in the previously filed petitioner for attorneys' fees and costs, all said fees and costs requested by petitioner herein were billed contemporaneously, were necessary for the advancement of this case, and were reasonable." Id. at 2.
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 $18,716.903 as follows:
• A lump sum of $12,229.66, 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 $6,487.24, 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.
