Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 28, 2017, Lucinda Kelley ("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" or "Program"), alleging that as a result of receiving an influenza ("flu") vaccination on November 7, 2016, she suffered a shoulder injury related to vaccine administration ("SIRVA") to her left shoulde
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 28, 2017, Lucinda Kelley ("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" or "Program"), alleging that as a result of receiving an influenza ("flu") vaccination on November 7, 2016, she suffered a shoulder injury related to vaccine administration ("SIRVA") to her left shoulder..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On December 28, 2017, Lucinda Kelley ("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" or "Program"), alleging that as a result of receiving an influenza ("flu") vaccination on November 7, 2016, she suffered a shoulder injury related to vaccine administration ("SIRVA") to her left shoulder. Petition at 1. On August 2, 2019, a decision was issued by then Chief Special Master Nora Beth Dorsey, awarding compensation to petitioner the amount of $124.289.05. ECF No. 38.
On October 1, 2019, petitioner filed a motion for attorneys' fees and costs. ECF No. 41. Petitioner requests attorneys' fees in the amount of $19,080.00 and attorneys' costs in the amount of $1,150.16. Id. at 4. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. ECF No. 41-4. Thus, the total amount requested is $20,230.16.
On October 3, 2019, respondent filed a response to petitioner's motion. ECF No. 42. Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 requires respondent to file a response to 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 requests that the Chief Special Master exercise his discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
On October 4, 2019, through email correspondence, counsel for petitioner notified the staff attorneys' office that petitioner did not intend to file a reply. Respondent's counsel was copied on all correspondence.
I have reviewed the billing records submitted with petitioner's request. In my experience, the request appears reasonable, and I find 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, I hereby GRANT petitioner's motion for attorneys' fees and costs.
Accordingly, petitioner is awarded the total amount of $20,230.163 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.
