UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On January 20, 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") as a result of her October 16, 2013 influenza ("flu") vaccine. Petition at 1-6; Stipulation, filed August 16, 2017, at ¶¶ 2, 4. On August 16, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' Stipulation. (ECF No. 45.)

On September 5, 2017, petitioner filed a supplemental petition for attorneys' fees and costs. (ECF No. 50.) Petitioner requests attorneys' fees in the amount of $7,947.00 and attorneys' costs in the amount of $875.03. (Id. at 2-3, 15.) Additionally, in accordance with General Order #9, petitioner's counsel represented that petitioner incurred $650.65 in out-of-pocket expenses. Thus, the total amount requested is $9,472.68.

On September 19, 2017, respondent filed a response to petitioner's motion. (ECF No. 51.) 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 November 28, 2017, petitioner filed a reply requesting the undersigned "enter an order awarding fees and costs as set forth in the Supplemental Petition." (ECF No. 52 at 2.)

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 exception of $37.50 billed by petitioner's counsel on June 12, 2016 for a "[t]elephone conference [with] potential new client." (ECF No. 50 at 9). The undersigned finds the June 12, 2016 billing unreasonable as it is unclear how this telephone conference relates to petitioner's claim as counsel's first telephone conference with petitioner occurred on February 17, 2014. (Id. at 5) Accordingly, the undersigned reduces petitioner's counsel's fee request by $37.50.

The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e).

Accordingly, the undersigned awards the total of $9,435.183 as follows:

The clerk of the court shall enter judgment in accordance herewith.4

IT IS SO ORDERED.