UNPUBLISHED

Special Processing Unit (SPU); Attorneys' Fees and Costs.

NORA BETH DORSEY, Chief Special Master.

DECISION ON ATTORNEYS' FEES AND COSTS1

On November 16, 2016, 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 Guillain-Barre Syndrome (GBS) as a result of receiving an influenza (flu) vaccination on March 10, 2015. Petition at 1. On May 17, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 56).

On July 16, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 60.) Petitioner requests attorneys' fees in the amount of $38,693.30 and attorneys' costs in the amount of $10,260.30. Id. at 1-2. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $48,953.60.

On July 26, 2018, respondent filed a response to petitioner's motion. (ECF No. 61). 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 he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.

On July 26, 2018, petitioner filed a reply. (ECF No. 62). Petitioner disputes respondent's position that he has no role in resolving attorneys' fees and costs and further reiterates her view that her attorneys' fees and costs in this case are reasonable.

The undersigned has reviewed the billing records submitted with petitioner's request and finds a reduction in the amount of fees to be awarded appropriate for the reason listed below.

Upon review of the records, a number of entries billed by the paralegals are for tasks better characterized as clerical or administrative. In the Vaccine Program, secretarial work "should be considered as normal overhead office costs included within the attorneys' fee rates." Rochester v. U.S., 18 Cl. Ct. 379, 387 (1989); Dingle v. Sec'y of Health & Human Servs., No. 08-579V, 2014 WL 630473, at *4 (Fed. Cl. Spec. Mstr. Jan. 24, 2014). "[B]illing for clerical and other secretarial work is not permitted in the Vaccine Program." Mostovoy v. Sec'y of Health & Human Servs., No .02-10V, 2016 WL 720969, at *5 (citing Rochester, 18 Cl. Ct. at 387). A total 2.70 hours3 was billed by paralegals on administrative tasks including, reviewing, organizing and uploading documents. For these reasons the request for attorney's fees is reduced in the amount of $318.50.4

The full amount of attorney costs requested, $10,260.30, is awarded.

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 motion for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $48,635.105 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Diana Stadelnikas. Petitioner requests check be forwarded to Maglio Christopher & Toale, PA, 1605 Main Street, Suite 710, Sarasota Florida 34236.

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

IT IS SO ORDERED.