UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master:

On April 6, 2016, Carl L. Anderson ("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 the influenza ("flu") vaccine he received on or about October 9, 2013, caused him to develop Guillain-Barré Syndrome ("GBS"). Petition at 1. On September 9, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 17).

On September 7, 2016, petitioner filed a motion for attorneys' fees and costs. Petitioner requested attorneys' fees in the amount of $29,430.00 and attorneys' costs in the amount of $1,307.72 for a total amount of $30,737.72. Attachment to Motion, filed Sept. 7, 2016, at ¶ 5 (ECF 21). In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id.

On September 8, 2016, respondent filed a response to petitioner's motion. 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." Respondent's Response at 1 (ECF No. 22). 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 (citation omitted). "Based on a survey of fee awards in similar cases and her experience litigating Vaccine Act claims, respondent asserts that a reasonable amount for fees and costs in the present case would fall between $18,000.00 to $21,000.00." Id. at 3 (citing specific cases).

On September 9, 2016, petitioner filed a reply. Petitioner argues that respondent has provided "no precise objection to any of the billing entries, billing rates, or hours expended." Petitioner's Reply ("Reply") at 3 (ECF No. 23). Petitioner adds that respondent's "only fact specific argument" is that, based on her experience, the fees and costs paid in this case should be between $18,000 and $21,000. Id.

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 $725.00 for preparing the reply.3 Petitioner states that the reply brief is not "identical to its previously [filed] Replies to other Responses" because respondent cited to three cases that formed the basis of her survey and which had to be researched and the reply brief modified. Id. at 8. Petitioner states that the amount requested "takes into consideration that part of Respondent's Response has previously been addressed by Petitioner's counsel in other cases." Id. 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, $725.00. Thus, the total amount awarded for attorneys' fees and costs is $31,462.72.

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 $31,462.724 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Lawrence R. Cohan.

The clerk of the court shall enter judgment in accordance herewith.5

IT IS SO ORDERED.