Filed: Nov. 15, 2019
Latest Update: Nov. 15, 2019
Summary: Not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On October 2, 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 Marilyn Osborne Rock suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on October 10, 2016. Petition at 1. On October 17, 2019, a decision w
Summary: Not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On October 2, 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 Marilyn Osborne Rock suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on October 10, 2016. Petition at 1. On October 17, 2019, a decision wa..
More
Not to be published
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On October 2, 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 Marilyn Osborne Rock suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on October 10, 2016. Petition at 1. On October 17, 2019, a decision was issued awarding compensation to Petitioner based on the parties' stipulation. (ECF No. 24.)
Petitioner has now filed a motion for attorney's fees and costs, dated November 2, 2019, (ECF No. 29), requesting a total award of $11,126.92 (representing $8,805.90 in fees and $2,321.02 in costs). In accordance with General Order #9, Petitioner's counsel represents that Petitioner incurred no out-of-pocket expenses. (Id. at 2). Respondent reacted to the motion on November 8, 2019 indicating that he is satisfied that the statutory requirements for an award of attorney's fees and costs are met in this case and defers to the Court's discretion to determine the amount to be awarded. (ECF No. 30). On November 8, 2019, by email correspondence, Petitioner's counsel notified the staff attorney managing this case that Petitioner did not intend to file a reply. Counsel for Respondent 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 attorney's fees and costs. § 15(e). Accordingly, I hereby GRANT Petitioner's Motion for attorney's fees and costs. I award a total of $11,126.92 (representing $8,805.90 in attorney's fees and $2,321.02 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner's counsel, Bridget Candace McCullough, 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.
