UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On March 9, 2016, 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 alleged that he suffered Guillain-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on October 16, 2014. Petition at preamble. On September 8, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 41).

On March 12, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 48). Petitioner requests attorneys' fees in the amount of $40,992.50 and attorneys' costs in the amount of $15,937.76. Id. at 2. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $56,930.26.

On March 22, 2018, respondent filed a response to petitioner's motion. (ECF No. 49). 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 1. Respondent adds, however, that he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.

Petitioner has filed no reply.

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, with the following exception regarding attorney costs.

The billing invoices submitted for attorney costs include hotel accommodations in Atlanta from Friday, March 17, 2017 through Sunday, March 19, 2017. However, attorney billing records show that Mr. Carney billed time working on this case only on Friday, March 17, 2017.3 Mr. Carney did not bill for work performed on this case on any additional days during his time in Atlanta. Therefore the second night of room charges are not compensable. Due to the extended stay in Atlanta, and additional day of parking was incurred. The undersigned will reduce the request for costs regarding the second night of hotel charges and taxes associated with those charges and the additional day of parking.4 This results in a reduction of costs requested by $275.40.

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 in the reduced amount.

Accordingly, the undersigned awards the total of $56,654.865 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.6

IT IS SO ORDERED.