DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On February 2, 2017, 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 she suffered a shoulder injury related to vaccine administration ("SIRVA") after receiving a tetanus, diphtheria, acellular pertussis ("Tdap") vaccine on August 18, 2015. Petition at preamble. On October 30, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 40).

On March 12, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 47). Petitioner requests attorneys' fees in the amount of $31,669.90 and attorneys' costs in the amount of $1,224.70. Id. at 12-13. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. (ECF No. 48). Thus, the total amount requested is $32,894.60.

On March 26, 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.

Petitioner requests compensation for her attorney, Mr. Hughes, at a rate of $430 per hour for time he billed in 2015 and 2016; $440 per hour for time billed in 2017 and $455 per hour for time billed in 2018. (ECF No. 47 at 11). The undersigned finds the proposed rates excessive based on his experience in the Vaccine Program. See McCulloch v. Sec'y of Health and Human Services, No. 09-293V, 2015 WL 5634323 at *17 (Fed. Cl. Spec. Mstr. Sept. 1, 2015) (stating the following factors are paramount in deciding a reasonable forum hourly rate: experience in the Vaccine Program, overall legal experience, the quality of work performed, and the reputation in the legal community and community at large). The determination of the amount of reasonable attorneys' fees is within the special master's discretion. See, e.g., Saxton v. Sec'y of Health and Human Servs., 3 F.3d 1517, 1520 (Fed. Cir. 1993). Special masters have "wide latitude in determining the reasonableness of both attorneys' fees and costs." Hines v. Sec'y of Health and Human Servs., 22 Cl. Ct. 750, 753 (Fed. Cl. 1991). Moreover, special masters are entitled to rely on their own experience and understanding of the issues raised. Wasson v. Sec'y of Health and Human Servs., 24 Cl. Ct. 482, 483 (Fed. Cl. 1991), aff'd in relevant part, 988 F.2d 131 (Fed.Cir.1993) (per curiam). Under the Office of Special Masters Attorneys' Forum Hourly Rate Fee Schedule, an attorney with over 31 years of experience3 is entitled to the following hourly rates:

The undersigned shall reduce Mr. Hughes's hourly rates as follows: $385 for work performed in 2015; $400 for work performed in 2016; $415 for work performed in 2017 and $430 for work performed in 2018. This reduces the request for fees by $1,771.50.

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., 2016 WL 720969, *5 (Fed. Cl. Spec. Mstr. Feb. 4, 2016). A total of 8 hours was spend by Mr. Hughes's paralegal to transcribe dictation. This task is considered administrative overhead and the undersigned reduces the request for fees by $1,168.00.

Petitioner requests reimbursement for attorney costs in the amount of $1,224.70. After reviewing petitioner's invoices, the undersigned finds no cause to reduce petitioner's request and awards the full amount sought for attorney costs.

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 reduced attorneys' fees and costs.

Accordingly, the undersigned awards the total of $29,955.104 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Richard L. Hughes.

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

IT IS SO ORDERED.