Filed: Aug. 19, 2019
Latest Update: Aug. 19, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On April 20, 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 the influenza ("flu") immunization her received on October 23, 2016, caused a rash/wound abscess on his left shoulder, and that he experienced residual effects of this injury for more than six month
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On April 20, 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 the influenza ("flu") immunization her received on October 23, 2016, caused a rash/wound abscess on his left shoulder, and that he experienced residual effects of this injury for more than six months..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On April 20, 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 the influenza ("flu") immunization her received on October 23, 2016, caused a rash/wound abscess on his left shoulder, and that he experienced residual effects of this injury for more than six months. Petition at 1, 3. On July 12, 2019, the undersigned issued a decision awarding compensation to petitioner based on parties' stipulation. ECF No. 28.
On July 31, 2019, petitioner filed a motion for attorneys' fees and costs. ECF No. 32. Petitioner requests attorneys' fees in the amount of $12,207.00 and attorneys' costs in the amount of $1,005.71. Id. at 3. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 3. Thus, the total amount requested is $13,212.71.
Respondent did not file a response.
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 $13,212.713 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Jeffrey S. Pop.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
