LISA HAMILTON-FIELDMAN, Special Master.
On August 19, 2010, Robert and Susan DiMatteo filed a petition on behalf of their son, Robert DiMatteo ("Petitioner"),
Petitioner subsequently filed a timely motion for attorneys' fees and costs.
On February 8, 2016, Respondent filed substantive objections to Petitioner's application for attorneys' fees and costs [hereinafter "Response"]. Although she did not raise specific objections to the fees for which Petitioner's counsel seeks reimbursement, she noted that counsel had billed almost 20 hours of attorney time and over 44 hours of paralegal time to collect and organize documentation related to unreimbursable medical expenses, and that counsel had billed 13 hours of attorney time and 12 hours of paralegal time to review Petitioner's life care plan. Resp. Response at 2. With respect to counsel's costs, Respondent noted that the documentation submitted did not support the full $20,769.19 requested, and she objected to the requested reimbursement of $216.70 in interest charged by BelaCare. Id. at 3. Respondent also noted that counsel had requested compensation for costs incurred by her paralegal, Jessica Lucas, to travel from Florida, where Ms. Lucas resides, to counsel's office in New York. Id.
Petitioner filed a Reply to Respondent's Response on February 12, 2016 [hereinafter "Reply"]. In her Reply, Petitioner's counsel amended the amount of her firm's incurred costs to $21,919.19. Reply at 4. The total requested award, therefore, was increased to $100,168.19. Id. Petitioner's Reply also included additional argument regarding the costs incurred by Ms. Lucas. Reply at 1-3.
The undersigned notes that, according to the General Order No. 9 Statement filed on March 18, 2016, Petitioner has personally incurred $7,997.75 in costs, and that counsel has incurred $20,823.69 in costs. Statement at 1-2. These amounts do not appear to be consistent with the costs reflected in Petitioner's Reply. The undersigned will assume that the costs listed in the Statement are the most accurate representation of the costs for which counsel is seeking reimbursement.
On March 2, 2016, the undersigned convened a status conference to discuss Petitioner's pending fees and costs application. During the status conference, the undersigned heard additional argument from both parties and made oral findings regarding the compensability of the amounts requested in counsel's motion. See Order, filed March 3, 2016, at 1. The undersigned also informed the parties that an abbreviated fees and costs decision would be issued on the basis of those findings. Id. Finally, the undersigned directed Petitioner's counsel to file a General Order No. 9 Statement, signed both by Petitioner and by counsel, regarding Petitioner's personally incurred costs. Id. As noted above, Petitioner filed the Statement on March 18, 2016. Id. This matter is now ripe for a decision.
Consistent with the discussion that took place during the March 2, 2016 status conference, the undersigned finds that Jessica Lucas was instrumental in bringing about an informal resolution of this case and that her travel costs were reasonably incurred. Although the undersigned agrees with Respondent that the $216.70 in interest on an overdue balance is not compensable, the undersigned finds that every other cost incurred by Petitioner and her counsel is compensable. The undersigned will award Petitioner's counsel $20,823.69.
The undersigned finds that the hourly rates billed by counsel and her paralegal are reasonable. The undersigned also finds, based on lengthy experience and a review of the pleadings in this case, that the number of hours billed by counsel and Ms. Lucas was reasonable, with the following exceptions: as to the hours billed for the collection, organization, and summarization of documentation related to unreimbursable medical expenses, the undersigned hereby reduces the nearly 20 hours of reimbursable attorney time by 5 hours, and reduces the 44 hours of paralegal time by 14 hours.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of the majority of Petitioner's request, the undersigned GRANTS Petitioner's application for payment of attorneys' fees and costs with a reduction in the number of compensable hours.
Accordingly, the undersigned awards:
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court