Filed: Nov. 20, 2019
Latest Update: Nov. 20, 2019
Summary: Not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 21, 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 adhesive capsulitis as a result of her October 26, 2016 influneza ("flu") vaccination. (Petition at 2). On September 17, 2019, a decision was issued by then-Chief Special Ma
Summary: Not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 21, 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 adhesive capsulitis as a result of her October 26, 2016 influneza ("flu") vaccination. (Petition at 2). On September 17, 2019, a decision was issued by then-Chief Special Mas..
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Not to be published
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On December 21, 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 adhesive capsulitis as a result of her October 26, 2016 influneza ("flu") vaccination. (Petition at 2). On September 17, 2019, a decision was issued by then-Chief Special Master Dorsey, awarding compensation to Petitioner based on the parties' stipulation. (ECF No. 42).
Petitioner has now filed a motion for attorney's fees and costs, dated November 6, 2019, (ECF No. 46), requesting a total award of $20,082.92 (representing $19,150.60 in fees and $932.32 in costs). In accordance with General Order #9, Petitioner filed a signed statement stating she incurred no out-of-pocket expenses. (ECF No. 46-3). 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. 47). On November 12, 2019, Petitioner filed a reply requesting the fees and costs be reimbursed in full. (ECF No. 48).
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 $20,082.92 (representing $19,150.60 in fees and $932.32 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner's counsel. Petitioner requests check be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236.
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.
