UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On October 6, 2015, Ms. Guzman 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 received an influenza ("flu") vaccine on October 22, 2013, and thereafter suffered a left shoulder injury including tendinitis and adhesive capsulitis as a result of the flu vaccine. Petition at 1. On February 10, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer. (ECF No. 14).

On February 24, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 18). Petitioner requests attorneys' fees in the amount of $13,473.50, and attorneys' costs in the amount of $927.91 for a total amount of $14,401.41. Id. at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.

On March 14, 2016, respondent filed a response to petitioner's motion. (ECF No. 19). 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 fn. 2. Additionally, she asserts that "[r]espondent's estimation of reasonable attorney's fees and costs for the present case roughly falls between $10,000.00, to $12,000.00," but provides no basis or explanation for how she arrived at this proposed range other than that the range is based on her judgment and "overall sense" of what is reasonable for the work done in this case. Id. at 2.

On March 16, 2016, petitioner filed a reply. (ECF No. 20). Petitioner argues that respondent has provided "no precise objections" and "no data whatsoever to support this range, citing only experience" of what respondent believes the range for fees and costs in this case should be. Id. at 3. Petitioner includes a list of the attorneys' fees and costs awarded petitioner's counsel since 2014.3

Petitioner requests additional attorneys' fees in the amount of $1,275.00 (five hours of time) for preparing the reply. Id. She has not, however, provided specific billing entries describing how this time was expended. 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, $1,275.00.4 Thus, the total amount awarded for attorneys' fees and costs is $15,676.41.

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 as set forth above.5

Accordingly, the undersigned awards the total of $15,676.41,6 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Muller Brazil, LLP.

The clerk of the court shall enter judgment in accordance herewith.7

IT IS SO ORDERED.