Attorney(s) appearing for the Case
EUBERT VICTORINO, Petitioner, represented by Edward M. Kraus , Law Offices of Chicago Kent.
SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, represented by Sarah Christina Duncan , U. S. Department of Justice.
DECISION ON ATTORNEYS' FEES AND COSTS1
MINDY MICHAELS ROTH, Special Master.
On August 19, 2015, Eubert Victorino ("Mr. Victorino" or "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 alleged that he developed dermatofibrosarcoma protuberans as the result of receiving an influenza vaccination on September 27, 2012. On January 3, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 33).
On January 5, 2017, petitioner filed an unopposed motion for attorneys' fees and costs. (ECF No. 37).3 Petitioner requests attorneys' fees in the amount of $15,348.20 and attorneys' costs in the amount of $1,068.24 for a total amount of $16,416.44. Id. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e).
Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $16,416.444 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Edward M. Kraus.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.