Lawyers Seek 8 Per Cent in Fees

By Walter F. Roche Jr.

Three law firms are asking a federal judge to award them fees totaling eight percent of the amount a Tennessee clinic has agreed to pay to settle law suits filed by victims of the 2012 fungal meningitis outbreak.
In a 17-page motion filed in U.S. District Court in Boston, Mass. the law firms said the fee was reasonable and justified. The motion, however, keeps secret both the amount of the settlement fund and the amount sought by the three law firms.
According to the filing the largest share of the legal fees would go to the Nashville, Tenn. firm of Branstetter, Stranch and Jennings which would be paid for 1,251 hours of work while the Lief, Cabraser, Herman and Bernstein firm would be paid for 438 hours.
The third firm, Kinnard, Clayton and Beveridge, also based in Nashville, would be paid for 26.5 hours.
The fee award is being sought for so called common benefit work the three firms did in behalf of some 14 outbreak victims who were injected with fungus laden steroids at the Specialty Surgery Center in Crossville, Tenn.
An additional 11 victims sued the center but had their claims dismissed.
"Plaintiffs counsel expended significant time and expense in litigating the Specialty Surgery Center cases," the motion states.
The motion notes that the eight  per cent fee matches the amount awarded to lawyers who performed similar work in other fungal meningitis cases.
In addition to the legal fees the motion seeks approval of expenses incurred by the law firms, but those amounts were not disclosed.
"No lawyer will get his or her common benefit time reimbursed dollar for dollar," the motion states, noting that the three firms performed some 13 separate tasks in pursuing the claims.
Contact: wfrochejr999@gmail.com