DECISION ON ATTORNEYS' FEES AND COSTS1

HERBRINA D. SANDERS, Special Master.

On November 14, 2016, Jacquelynn Hernandez ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the Tetanus-Diphtheria-acellular-Pertussis ("TDaP") vaccine she received on or about May 8, 2015 caused her to develop Guillain-Barré Syndrome ("GBS"). ECF No. 50. On March 28, 2018, the undersigned issued a decision awarding compensation to Petitioner pursuant to the parties' stipulation. Id.

On March 31, 2018, Petitioner filed a Motion for Attorneys' Fees and Costs and requested a total of $123,933.263 in attorneys' fees and costs. Pet'r Mot. at 3, ECF No. 54-1. Respondent filed a response on April 13, 2018. ECF No. 55. In his response, Respondent indicated that "[t]o the extent the special master is treating [P]etitioner's request for attorneys' fees and costs as a motion that requires a response from [R]espondent[,] . . . Respondent is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent recommended that the undersigned "exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3. Petitioner filed a reply on that same date. ECF No. 56. In her reply, Petitioner argued that Respondent's position overly burdens the Court and Petitioner and that she has met her burden in establishing the reasonableness of her fee request. Id. at 1-3. Petitioner requested the undersigned award her fee request in full. Id. at 4-5.

This matter is now ripe for consideration.

I. Attorneys' Fees

The Vaccine Act permits an award of reasonable attorneys' fees. 42 U.S.C. § 300aa-15(e). The Federal Circuit has approved the lodestar approach to determine reasonable attorneys' fees under the Vaccine Act. Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343, 1348 (Fed. Cir. 2008). This is a two-step process. Id. First, a court determines an "initial estimate . . . by `multiplying the number of hours reasonably expended on the litigation times a reasonable hourly rate.'" Id. at 1347-48 (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)). Second, the court may make an upward or downward departure from the initial fee award calculation based on specific findings. Id. at 1348.

It is "well within the special master's discretion" to determine the reasonableness of fees. Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517, 1521-22 (Fed. Cir. 1993); see also Hines v. Sec'y of Health & Human Servs., 22 Cl. Ct. 750, 753 (1991) ("[T]he reviewing court must grant the special master wide latitude in determining the reasonableness of both attorneys' fees and costs."). Applications for attorneys' fees must include contemporaneous and specific billing records that specify the work done and the amount of hours spent on said work. See Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008).

The decision in McCulloch provides a framework for consideration of appropriate ranges for attorneys' fees based upon the experience of the practicing attorney. McCulloch v. Sec'y of Health & Human Servs., No. 09-293V, 2015 WL 5634323, at *19 (Fed. Cl. Spec. Mstr. Sept. 1, 2015), motion for recons. denied, 2015 WL 6181910 (Fed. Cl. Spec. Mstr. Sept. 21, 2015). The Court has updated the McCulloch rates for the past several years.4

a. Hourly Rates

Petitioner's counsel, Mr. Michael Baseluos, requested an hourly rates of $265.00 for his work performed in 2016, $275.00 for his work performed in 2017, and $295.00 for his work performed in 2018. ECF No. 54-2 at 1-23. Mr. Baseluos also charged $125.00 per hour of paralegal work he performed during the three years. Id. Mr. Baseluos' 2016 and 2017 hourly rates have been found reasonable within the Program. See Toole v. Sec'y of Health & Human Servs., No. 15-816V, 2017 U.S. Claims 653, at *2-4 (Fed. Cl. Spec. Mstr. May 10, 2017); Saeid v. Sec'y of Health & Human Servs., No. 12-552V, 2017 U.S. Claims LEXIS 239, at *4-5 (Feb. 28, 2017). Mr. Baseluos' requested rate for 2018 is within the range of the 2018 Fee Schedule, and the undersigned finds it reasonable. See Saeid, 2017 U.S. Claims LEXIS 239 at *4-5 (noting that Mr. Baseluos has practiced in the Vaccine Program for eight years as of 2017). Petitioner's paralegal rate is likewise reasonable.

b. Hours Expended

The undersigned has reviewed the billing records and finds that they are reasonable. Petitioner shall thus be awarded attorneys' fees in full.

II. Attorneys' Costs

The Vaccine Act also permits an award of attorneys' costs. 42 U.S.C. § 300aa-15(e). Like attorneys' fees, a request for reimbursement of attorneys' costs must be reasonable. Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29, 34 (1992). Petitioner requests compensation for $8,523.76 in attorneys' costs and $61,250.00 in expert costs. Pet'r's Mot. at 1, 3. Petitioner herself did not incur any costs related to this case. ECF No. 54-3. Petitioner's attorneys' costs involve retainers for both experts and expenses for collecting medical records. ECF No. 54-2 at 23. The undersigned will award costs in full, minus the following reduction.

Petitioner retained two experts in this case, Dr. Marcel Kinsbourne and Dr. Omid Akbari. ECF Nos. 54-4, 54-5. Dr. Kinsbourne charged $500 per hour for 22.5 hours, totaling a request of $9,250.00.5 ECF No. 54-4. The undersigned has found this hourly amount reasonable in the past, given Dr. Kinsbourne's experience in the Program and qualifications. Malloy v. Sec'y of Health & Human Servs., No. 16-754V, 2018 U.S. Claims LEXIS 334, at *10 (Fed. Cl. Spec. Mstr. Mar. 14, 2018). The undersigned therefore will award Petitioner Dr. Kinsbourne's costs in full.

Petitioner's other expert, the immunologist Dr. Omid Akbari, billed $750.00 per hour for 76 hours, totaling a request of $52,000.6 ECF No. 54-5 at 2-3. Petitioner argued that Dr. Akbari's high hourly rate is justified due to his qualifications. Pet'r's Mot. at 2. Dr. Akbari is a professor in the Department of Molecular Microbiology and Immunology at the University of Southern California Keck School of Medicine. Pet'r's Ex. 9, ECF No. 32-2. He is also an editor on several medical journals and has taught graduate school courses since 2008. Id. at 2-3, 4. Dr. Akbari is indeed qualified to opine in vaccine-injury cases; however, the undersigned finds $750 an hour to be an unreasonable rate given Dr. Akbari's experience in the Program. The undersigned finds it reasonable to apply Dr. Kinsbourne's rate of $500.00 an hour to Dr. Akbari given both physicians' qualifications. The resulting deduction equals $19,000.

III. Conclusion

In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e), the undersigned has reviewed the billing records and costs in this case and finds that Petitioner's request for fees and costs, other than the reduction delineated above, is reasonable. Accordingly, the undersigned hereby awards the total of $104,933.26,7in the form of a check made payable jointly to Petitioner and Petitioner's counsel, Michael A. Baseluos, of Baseluos Law Firm, LLC, for attorneys' fees and costs.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court shall enter judgment in accordance herewith.8

IT IS SO ORDERED.