Filed: Dec. 11, 2019
Latest Update: Dec. 11, 2019
Summary: Not to be Published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 29, 2016, Alceo Lucarelli ("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"), alleging that, as a result of receiving an influenza ("flu") vaccination on October 20, 2014, he suffered a shoulder injury related to vaccine administration ("SIRVA"). ( See Petition at 1)
Summary: Not to be Published DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 29, 2016, Alceo Lucarelli ("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"), alleging that, as a result of receiving an influenza ("flu") vaccination on October 20, 2014, he suffered a shoulder injury related to vaccine administration ("SIRVA"). ( See Petition at 1)...
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Not to be Published
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On December 29, 2016, Alceo Lucarelli ("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"), alleging that, as a result of receiving an influenza ("flu") vaccination on October 20, 2014, he suffered a shoulder injury related to vaccine administration ("SIRVA"). (See Petition at 1). On August 21, 2019, a decision was issued by then-Chief Special Master Dorsey awarding compensation to Petitioner in the amount of $80,380.54. (ECF No. 56).
Petitioner has now filed a motion for attorney's fees and costs, dated November 12, 2019, (ECF No. 60), requesting a total award of $34,820.50 (representing $31,712.70 in fees and $3,092.16 in costs). In accordance with General Order #9, counsel for Petitioner filed a signed statement representing that Petitioner has incurred out-of-pocket expenses in the amount of $15.64. (ECF No. 61). Respondent reacted to the motion on November 13, 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. 63). Petitioner did not file a reply 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 attorney's fees and costs. § 15(e). Accordingly, I hereby GRANT Petitioner's Motion for attorney's fees and costs. I award the following:
Accordingly, petitioner is awarded the total amount of $34,820.503 as follows:
• A lump sum of $34,804.86, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to Petitioner and Petitioner's counsel and
• A lump sum of $15.64, representing reimbursement for petitioner's costs, in the form of a check payable to Petitioner.
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.4
IT IS SO ORDERED.
