Filed: Dec. 05, 2019
Latest Update: Dec. 05, 2019
Summary: not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 6, 2017, Tarmesha Brown, ("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 extreme left arm pain ultimately diagnosed as brachial neuritis after receiving the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine on April 5,
Summary: not to be published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 6, 2017, Tarmesha Brown, ("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 extreme left arm pain ultimately diagnosed as brachial neuritis after receiving the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine on April 5, ..
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not to be published
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On December 6, 2017, Tarmesha Brown, ("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 extreme left arm pain ultimately diagnosed as brachial neuritis after receiving the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine on April 5, 2017. (Petition at 1). On November 5, 2019, a decision was issued 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. 43), requesting a total award of $23,299.30 (representing $22,407.00 in fees and $892.30 in costs). In accordance with General Order #9, Petitioner's counsel represents that Petitioner has incurred no out-of-pocket expenses. (Id. at 3). Respondent reacted to the motion on November 20, 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. 44). Through electronic correspondence on November 20, 2019, counsel for Petitioner informed the staff attorney managing the case that Petitioner did not intend to file a reply. See Informal Remark, November 20, 2019.
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 $23,299.30 (representing $22,407.00 in attorney's fees and $892.30 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner's counsel. 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.
