UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On November 14, 2014, Ms. Molina 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 she suffered Guillain-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine she received on September 5, 2012. Petition at 1. On December 1, 2015, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 29).

On February 15, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 34). Petitioner requests attorneys' fees in the amount of $23,475.00, and attorneys' costs in the amount of $1,418.68, for a total amount of $24,893.68. Id. at 1-2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.

On February 29, 2016, respondent filed a response to petitioner's motion. (ECF No. 35). 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 2. 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 n.2. Additionally, she states that "[r]espondent's estimation of reasonable attorney's fees and costs for the present case roughly fall between $18,000.00, to $21,000.00," but provides no basis for (or explanation for how she arrived at) this proposed range. Id.

On February 29, 2016, petitioner filed a reply. (ECF No. 36). Petitioner argues that respondent has provided "no precise objection" but only "a self-serving `survey' of what the Respondent believes the range for fees and costs in this case should be." Id. at 2-3. Petitioner includes a list of the attorneys' fees and costs awarded petitioner's counsel since 2009.3

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 $1,100.00 (four hours of time) for preparing the reply. Id. at 6. She has not, however, provided specific billing entries describing how this time was expended. However, because petitioner's counsel has filed a near-identical reply in other SPU cases, the undersigned does not find the number of hours requested for the preparation of the reply brief to be reasonable in this case.4 The undersigned reduces the requested hours to two hours and awards $550.00, for the preparation of petitioner's reply brief. Thus, the total amount awarded for attorneys' fees and costs is $ 25,443.68.

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 $ 25,443.68,5 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Lawrence Cohan.

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

IT IS SO ORDERED.