Filed: Feb. 04, 2020
Latest Update: Feb. 04, 2020
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . Special Processing Unit (SPU); Attorney's Fees and Costs. On February 28, 2018, Kristen Moorby ("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 a syncopal episode upon receiving tetanus-diphtheria-acellular pertussis ("Tdap"), Hepatitis
Summary: (not to be published) DECISION ON ATTORNEY'S FEES AND COSTS 1 BRIAN H. CORCORAN , Chief Special Master . Special Processing Unit (SPU); Attorney's Fees and Costs. On February 28, 2018, Kristen Moorby ("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 a syncopal episode upon receiving tetanus-diphtheria-acellular pertussis ("Tdap"), Hepatitis A..
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(not to be published)
DECISION ON ATTORNEY'S FEES AND COSTS1
BRIAN H. CORCORAN, Chief Special Master.
Special Processing Unit (SPU); Attorney's Fees and Costs.
On February 28, 2018, Kristen Moorby ("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 a syncopal episode upon receiving tetanus-diphtheria-acellular pertussis ("Tdap"), Hepatitis A, and Typhoid vaccinations on June 3, 2016, which resulted in injuries, including "abrasions on her face, on her right knee, bruising on her left knee, and a scratch on her left shoulder." (Petition at 2). On November 19, 2019, a decision was issued awarding compensation to Petitioner based on the Respondent's proffer. (ECF No. 39).
Petitioner has now filed a motion for attorney's fees and costs, dated December 18, 2019 (ECF No. 43), requesting a total award of $32,169.02 (representing $30,730.50 in fees and $741.57 in costs and $696.95 in costs incurred by the firm of Cuneo & Leonetti). In accordance with General Order #9 Petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. (ECF No. 43-4). Respondent reacted to the motion on January 14, 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. 47). On January 15, 2020, through email correspondence, counsel for Petitioner informed the staff attorneys office that Petitioner did not intend to file a reply. See Informal Remark, January 21, 2020. On January 27, 2020, counsel for Petitioner filed an amended exhibit regarding the costs for Cuneo & Leonetti, reducing this request for costs to $418.45.3 (ECF No. 48).
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, rates and costs.
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 $31,890.52 (representing $30,730.50 in attorney's fees and $1,160.02 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.4
IT IS SO ORDERED.
