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Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Masters . On September 18, 2017, Ronald Beckman ("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 he suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of his September 19, 2014 influenza ("flu") vaccination. (Petition at 1). On
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Masters . On September 18, 2017, Ronald Beckman ("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 he suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of his September 19, 2014 influenza ("flu") vaccination. (Petition at 1). On J..
More
(not to be published)
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Masters.
On September 18, 2017, Ronald Beckman ("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 he suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of his September 19, 2014 influenza ("flu") vaccination. (Petition at 1). On June 6, 2019, a decision was issued awarding compensation to Petitioner based on the Respondent's proffer. (ECF No. 40.)
Petitioner has now filed a motion for attorney's fees and costs, dated December 11, 2019, (ECF No. 45), requesting a total award of $28,081.69 (representing $3,696.25 in fees and costs incurred by counsel's current firm Sieben Carey P.A., $23,422.94 in fees and costs incurred by counsel's former firm Larkin Hoffman Law Firm and $962.50 from incurred by counsels former firm Lommen Abdo, P.A.). In accordance with General Order #9 Petitioner filed a signed statement indicating that Petitioner incurred no out-of-pocket expenses. (ECF No. 46). 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. 47). 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, petitioner is awarded the total amount of $28, 081.693 as follows:
• A lump sum of $3,696.25, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to Petitioner and Sieben Carey P.A., and
• A lump sum of $23,422.94, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to Petitioner and the Larkin Hoffman Law Firm; and
• A lump sum of $962.50, representing reimbursement for attorneys' fees and costs, in the form of a check payable jointly to Petitioner and the firm of Lommen Abdo, P.A.
IT IS SO ORDERED.
