UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On May 17, 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 she suffered Guillain-Barre Syndrome ("GBS") following an influenza vaccination on November 12, 2014. On May 22, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 32.)

On August 24, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 36.) Petitioner requests attorneys' fees in the amount of $14,937.70 and attorneys' costs in the amount of $1,320.79. (Id. at 1-2.) In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Thus, the total amount requested is $16,258.49.

On September 6, 2017, respondent filed a response to petitioner's motion. (ECF No. 37.) 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.

On September 12, 2017, petitioner filed a reply. (ECF No. 38.) In her reply, petitioner disputes respondent's characterization of his role in resolving attorneys' fees and costs, objects to respondent's failure to address specific issues, and reiterates petitioner's position that the amount requested is reasonable.

The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, except for the necessary reductions discussed below.

Ms. Wilson billed 2 hours in 2015 at a rate of $295 per hour, 24 hours in 2016 at a rate of $301 per hour, and 8.9 hours in 2017 at a rate of $308 per hour. (ECF No. 36-1, p. 9.) The undersigned reduces Ms. Wilson's hourly rates to $225 for 2015, $275 for 2016, and $290 for 2017. See Kaufman v. HHS, No. 15-1045V, 2016 WL 8347656, at *4-5 (Fed. Cl. Spec. Mstr. Nov. 7, 2016) (setting Ms. Wilson's rate for 2014 through 2016); Noblett v. HHS, No. 14-969V, 2017 WL 3033932, at *2 (Fed. Cl. Spec. Mstr. June 15, 2017) (setting a 2017 rate for Ms. Wilson based in part on the undersigned's analysis in Kaufman).

Additionally, on September 27, 2016, Ms. Wilson billed 4.8 hours of travel at her full hourly rate. (ECF No. 36-1.) Consistent with routine practice in this program, the undersigned reduces petitioner's counsel's hourly for this travel time rate by 50%. See, e.g., Hocraffer v. HHS, No. 99-533V, 2011 WL 3705153, at *24 (noting that "Special masters consistently award compensation for travel time at 50% of the billing rate in the Vaccine Program."); J.L.D. v. HHS, No. 15-716V, 2017 WL 563189, at *4 (Fed. Cl. Spec. Mstr. Jan. 18, 2017) ("Upon further review of the billing records, I noted that [petitioner's counsel] billed a total of 19.6 hours of travel time in 2015. While an attorney may bill for work performed while traveling, special masters consistently award compensation for travel time at 50% of the billing rate in the Vaccine Program." (internal citations omitted)).

The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). The undersigned GRANTS petitioner's motion for attorneys' fees and costs with the following reductions:

Accordingly, the undersigned awards the total of $14,674.293 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Amber Diane Wilson, Esq.4

The clerk of the court shall enter judgment in accordance herewith.5

IT IS SO ORDERED.