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Summary: not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master .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 August 21, 2018, Norma Keller, as personal representative of the estate of Elizabeth Keller, ("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 Elizabeth Keller suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine admin
Summary: not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On August 21, 2018, Norma Keller, as personal representative of the estate of Elizabeth Keller, ("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 Elizabeth Keller suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine admini..
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not to be published
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On August 21, 2018, Norma Keller, as personal representative of the estate of Elizabeth Keller, ("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 Elizabeth Keller suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on September 19, 2017. (Petition at 1). On July 16, 2019, a decision was issued awarding compensation to Petitioner based on the Respondent's proffer. (ECF No. 29).
Petitioner has now filed a motion for attorney's fees and costs, dated October 29, 2019, (ECF No. 35), requesting a total award of $17,857.03 (representing $15,130.50 in fees and $2,726.53 in costs). In accordance with General Order #9, Petitioner filed a signed statement indicating she has incurred $2,136.00 in out-of-pocket expenses. (ECF No. 35-1). Respondent reacted to the motion on October 30, 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. 36). On October 30, 2019, Petitioner filed her reply concurring with Respondent's recommendation that the Chief Special Master exercise his discretion in determining a reasonable award for attorney's fees. (ECF No. 37).
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 the following:
1. A lump sum in the amount of $17,857.03, representing reimbursement for attorney's fees and costs in the form of a check payable to Petitioner and Petitioner's Counsel and;
2. A lump sum in the amount of $2,136.00 representing reimbursement for in the form of a check payable to Petitioner.
IT IS SO ORDERED.
