Not to be published

DECISION AWARDING FINAL ATTORNEY'S FEES AND COSTS1

BRIAN H. CORCORAN, Special Master.

On April 14, 2017, Heather Foster filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program").2 Petitioner alleged that she suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of her October 17, 2015, Tetanus diphtheria-aceullular-pertussis ("Tdap") vaccine. On February 28, 2018, Respondent filed a Stipulation (ECF No. 22), which I adopted as my Decision awarding damages on that same day (ECF No. 23).

Before me now is Petitioner's application for final attorney's fees and costs, dated August 5, 2018 (ECF No. 28) ("Fees App."), requesting reimbursement in the total amount of $15,257.47 (representing $15,242.80 in attorney's fees, plus $14.67 in costs). Fees App. at 1. In addition, and pursuant to General Order No. 9, Petitioner certifies that she has expended $400.00 in pursuit of her claim for compensation. Id. at 2. Respondent reacted to the motion on August 20, 2018, indicating that he is satisfied that the statutory requirement for an award of attorney's fees and costs are met in this case, and deferring to my discretion to determine the amount to be awarded. ECF No. 29 at 2-3.

For the reasons set forth below, I hereby GRANT Petitioner's motion, awarding final attorney's fees and costs in the amount of $15,257.47, and final Petitioner's costs in the amount of $400.00.

ANALYSIS

Vaccine Program attorneys are entitled to a fees award in successful cases like this one. Determining the appropriate amount of that award is a two-part process. The first part involves application of the lodestar method — "multiplying the number of hours reasonably expended on the litigation times a reasonable hourly rate." Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343, 1347-48 (Fed. Cir. 2008) (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)).3 The second part involves adjusting the lodestar calculation up or down to take relevant factors into consideration. Avera, 515 F.3d at 1348. This standard for calculating a fee award is considered applicable in most cases where a fee award is authorized by federal statute. Hensley v. Eckerhart, 461 U.S. 424, 429-37 (1983).

Petitioner requests the following rates of compensation for her attorney, Ms. Leah Durant: $365 per hour for work performed in 2017, and $377 per hour for work performed in 2018. Fees App. Ex. 1 at 6. Petitioner also requests that Ms. Durant's paralegal be compensated at $145 per hour for work performed in 2017 and $150 per hour for work performed in 2018. Id.

Ms. Durant has previously been found to be entitled to in-forum rates, and the rates sought within have been previously found to be reasonable. See, e.g., Hanson v. Sec'y of Health & Human Servs., No. 16-997V, 2018 WL 2772519, at *2 (Fed. Cl. Spec. Mstr. Mar. 9, 2018); Goins v. Sec'y of Health & Human Servs., No. 15-848V, 2018 WL 702104, at *7 (Fed. Cl. Spec. Mstr. Jan. 10, 2018). Additionally, the paralegal rates sought are within the prescribed forum range, and have also been found to be reasonable. Id. Accordingly, no adjustment to the rates requested is required.

I also find the hours spent on this matter (42.9) to be reasonable, and Respondent has not otherwise identified any particular entries as objectionable. Accordingly, I will not reduce the hours requested. Therefore, because no changes shall be made to the requested rates or hours, Petitioner is entitled to the full amount of attorney's fees sought, $15,242.80.

Petitioner requests litigation costs in the amount of $14.67. Fees App. at 1. The requested cost is for mailing documents via FedEx. This cost is typical for Vaccine Program cases, and Petitioner has provided a receipt to support the requested cost, and it shall be awarded in full. Petitioner also asserts that she has personally incurred $400.00 in costs for paying the filing fee in this case. Petitioner has also substantiated this cost, and it shall be awarded in full. Accordingly, I will award Petitioner the full amount requested for costs, $14.67 in attorney's costs and $400.00 in personally incurred costs.

CONCLUSION

The Vaccine Act permits an award of reasonable attorney's fees and costs. 42 U.S.C. § 300aa-15(e). Accordingly, I award (a) a total of $15,257.47 (representing $15,242.80 in attorney's fees and $14.67 in costs) as a lump sum in the form of a check jointly payable to Petitioner and her counsel, Ms. Leah Durant, Esq., and (b) $400.00 as a lump sum in the form of a check payable to Petitioner. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision.4

IT IS SO ORDERED.