Filed: Nov. 08, 2019
Latest Update: Nov. 08, 2019
Summary: Not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 12, 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 related to vaccine administration ("SIRVA") after receiving an influenza ("flu") vaccination on November 25, 2016. (Petition at 1). On April 25, 2019, a dec
Summary: Not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 12, 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 related to vaccine administration ("SIRVA") after receiving an influenza ("flu") vaccination on November 25, 2016. (Petition at 1). On April 25, 2019, a deci..
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Not to be published
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On December 12, 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 related to vaccine administration ("SIRVA") after receiving an influenza ("flu") vaccination on November 25, 2016. (Petition at 1). On April 25, 2019, a decision was issued by then-Chief Special Master Dorsey, awarding compensation to Petitioner based on the Respondent's proffer. (ECF No. 36).
Petitioner has now filed a motion for attorney's fees and costs, dated October 22, 2019, (ECF No. 42), requesting a total award of $26,793.32 (representing $25,153.80 in fees and $1,639.52 in costs). In accordance with General Order #9, counsel for Petitioner's counsel filed a signed statement that Petitioner has incurred no out-of-pocket expenses. (Id. at 2). Respondent did not file a response thereafter.
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). Accordingly, I hereby GRANT Petitioner's Motion for attorneys' fees and costs. I award a total of $26,793.32 (representing $25,153.80 in attorney's fees and $1,639.52 in costs) as a lump sum in the form of a check jointly payable to Petitioner and his/her counsel, Leah VaSahnja Durant, Esq. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision.3
IT IS SO ORDERED.
