Filed: Jan. 27, 2020
Latest Update: Jan. 27, 2020
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On June 12, 2017, Diane Fedorchak ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., (the "Vaccine Act"). Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of her December 8, 2015 influenza ("Flu") vaccination. (Petition at 1). On June 26, 20
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . On June 12, 2017, Diane Fedorchak ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., (the "Vaccine Act"). Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of her December 8, 2015 influenza ("Flu") vaccination. (Petition at 1). On June 26, 201..
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(not to be published)
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
On June 12, 2017, Diane Fedorchak ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the "Vaccine Act"). Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of her December 8, 2015 influenza ("Flu") vaccination. (Petition at 1). On June 26, 2019, a decision was issued awarding compensation to Petitioner based on the Respondent's proffer. (ECF No. 41).
Petitioner has now filed a motion for attorney's fees and costs, dated December 30, 2019, (ECF No. 47), requesting a total award of $36,204.78 (representing $34,322.10 in fees and $1,882.68 in costs). In accordance with General Order #9 Petitioner filed a signed statement indicating that Petitioner incurred no out-of-pocket expenses. (Id at 2). Respondent reacted to the motion on January 13, 2020 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. 48). On January 13, 2020, Petitioner filed a reply requesting that the Court award the fees and costs requested in full. (ECF No. 49).
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 $36,204.78 (representing $34,322.10 in attorney's fees and $1,882.68 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.2
IT IS SO ORDERED.
