UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On August 3, 2015, 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 his January 11, 2013 influenza vaccination caused him to suffer shoulder injuries. Petition at 1. On July 7, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's Proffer. (ECF No. 35).

On August 5, 2016, petitioner filed an application for attorneys' fees and costs. (ECF No. 39). Petitioner requests attorneys' fees in the amount of $14,676.00 and attorneys' costs in the amount of $646.403 for a total amount of $15,322.40. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.

On August 22, 2016, respondent filed a response to petitioner's application. (ECF No. 40). Respondent argues that "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by a petitioner for an award of attorneys' fees and costs." Id. at 1. Respondent adds, however, that she "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Additionally, she "asserts that a reasonable amount for fees and costs in the present case would fall between $12,000.00 to $14,000.00" citing five "similarly-postured" SIRVA cases where the stipulated or unopposed award of attorneys' fees and costs fell within the given range. Id. at 3.

On August 23, 2016, petitioner filed a reply. (ECF No. 41). Petitioner argues that respondent has provided "no precise objections" but only a range that is "predicated on similar cases and her `experience litigating Vaccine Act claims.'" Id. at 2, 4. Petitioner includes a list of the last 21 SIRVA cases in which petitioner's counsel has previously been awarded attorneys' fees and costs and contends that respondent's fee range is "unsubstantiated" based on petitioner's counsel's actual experience litigating Vaccine Act claims. Id. at 2-4.

The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.

Petitioner requests additional attorneys' fees in the amount of $385.00 (1.4 hours of time) for preparing the reply. Id. at 5. He has not, however, provided specific billing entries describing how this time was expended. The undersigned finds the request for additional hours spent preparing the reply to be reasonable and awards the full amount requested for preparation of the reply brief, $385.00.4 Thus, the total amount awarded for attorneys' fees and costs is $15,707.40.

The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request, the undersigned GRANTS petitioner's application for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $15,707.405 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Paul R. Brazil.

The clerk of the court shall enter judgment in accordance herewith.6

IT IS SO ORDERED.