Filed: Jul. 16, 2019
Latest Update: Jul. 16, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 22, 2018, 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 left-sided shoulder injury related to vaccine administration ("SIRVA") following a pneumococcal conjugate vaccination administered on February 26, 2016. Petition at 1. On April 18, 201
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On March 22, 2018, 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 left-sided shoulder injury related to vaccine administration ("SIRVA") following a pneumococcal conjugate vaccination administered on February 26, 2016. Petition at 1. On April 18, 2019..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On March 22, 2018, 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 left-sided shoulder injury related to vaccine administration ("SIRVA") following a pneumococcal conjugate vaccination administered on February 26, 2016. Petition at 1. On April 18, 2019, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. ECF No. 24.
On June 18, 2019, petitioner filed a motion for attorneys' fees and costs. ECF No. 27. Petitioner requests attorneys' fees in the amount of $7,787.80 and attorneys' costs in the amount of $855.92. Id. at 2. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. ECF No. 28. Thus, the total amount requested is $8,643.72.
On July 2, 2019, respondent filed a response to petitioner's motion. ECF No. 29. "Respondent does not object to the overall amount sought." Id. at 1. Respondent adds however that his "lack of objection to the amount sought should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related costs." Id.
By email correspondence on July 2, 2019, counsel for petitioner notified the undersigned that petitioner did not intend to file a 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 $8,643.723 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Bridget Candace McCullough.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
