Filed: Jan. 10, 2020
Latest Update: Jan. 10, 2020
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 29, 2017, Sylvia D. Wiseman ("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 and a rotator cuff tear as a consequence of the influenza ("flu") vaccine she received on January 13, 2015, and further alleges t
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On December 29, 2017, Sylvia D. Wiseman ("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 and a rotator cuff tear as a consequence of the influenza ("flu") vaccine she received on January 13, 2015, and further alleges th..
More
(not to be published)
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On December 29, 2017, Sylvia D. Wiseman ("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 and a rotator cuff tear as a consequence of the influenza ("flu") vaccine she received on January 13, 2015, and further alleges that she experienced the residual effects of her injury for more than six months. (Petition at 1,13). On June 26, 2019, a decision was issued by then Chief Special Master Dorsey awarding compensation to Petitioner based on the parties' stipulation. (ECF No. 37).
Petitioner has now filed a motion for attorney's fees and costs, dated December 3, 2019, (ECF No. 42), requesting a total award of $18,722.09 (representing $17,562.90 in fees and $1,159.19 in costs). In accordance with General Order #9, counsel for Petitioner represents Petitioner incurred no out-of-pocket expenses. (Id. at 2). Respondent reacted to the motion on December 17, 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. 43). 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 a total of $18,722.09 (representing $17,562.90 in fees and $1,159.19 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.
