UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On October 6, 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 alleges that he suffered Guillain-Barré Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccine on October 10, 2013. Petition at ¶ 1. On September 26, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 28).

On March 28, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 35). Petitioner requests attorneys' fees in the amount of $20,272.50 and attorneys' costs in the amount of $4,733.92. Id. at 1. Petitioner also requests attorneys' fees and costs in the amount of $1,462.51 for work performed by petitioner's counsel while at the firm of Lommen Abdo, P.A. In compliance with General Order #9, petitioner counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $26,468.93.

On April 11, 2018, respondent filed a response to petitioner's motion. (ECF No. 36). 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.

It is firmly rooted that billing for clerical and other secretarial work is not permitted in the Vaccine Program. Rochester v. United States, 18 Cl. Ct. 379, 387 (1989) (denied an award of fees for time billed by a secretary and found that "[these] services . . . should be considered as normal overhead office costs included within the attorneys' fees rates"); Mostovoy v. Sec'y of Health & Human Servs., No. 02-10V, 2016 WL 720969, at *5 (Fed. Cl. Spec. Mstr. Feb. 4, 2016). Dwight M. Ludvingson, titled as a litigation assistant, billed a total of 2.50 hours3 for bates stamping and uploading documents in to a data base. (ECF No. 35-3, 2-3). These tasks are considered administrative and the undersigned reduces the total fee request from Larkin Hoffman, in the amount of $400.00.

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 in part petitioner's motion for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $26,068.934 as follows:

• A lump sum of $1,462.51, representing reimbursement for petitioner's fees and costs, in the form of a check payable to petitioner and Lommen Abdo, P.A.

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

IT IS SO ORDERED.