UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On October 28, 2015, Cindy Bernardini ("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 Guillain-Barré Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccine on October 3, 2013. Pet. at 1-4. On January 17, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 45).

On June 16, 2017, petitioner filed a motion for attorneys' fees and costs, requesting attorneys' fees in the amount of $7,815.00 and attorneys' costs in the amount of $1,369.94 for a total amount of $9,184.94. Petitioner's First Motion for Attorneys' Fees and Costs ("Pet. First Motion") at ¶¶ 5-7 (ECF No. 50).

On June 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 July 3, 2017, the OSM staff attorney managing this SPU case emailed petitioner's counsel (copying respondent's counsel on the correspondence) regarding the need for receipts for the costs requested and a General Order #9 statement or representation from counsel regarding any out-of-pocket litigation costs of petitioner. See Informal Remark, dated July 3, 2017. In response, petitioner filed a second motion for attorneys' fees and costs. Petitioner's Second Motion for Attorneys' Fees and Costs ("Pet. Second Motion"), filed August 2, 2017 (ECF No. 52). In this second motion, petitioner requested the same amount of attorneys' fees, $7,815.00, but increased the amount sought for attorneys' costs to $1,519.41. Id. at ¶¶ 5-7. Thus, the new total for attorneys' fees and costs is $9,334.41.

On August 3, 2017, the staff attorney asked respondent's counsel by email (copying petitioner's counsel on the correspondence) whether respondent wished to file another response to petitioner's second motion for attorneys' fees and costs. See Informal Remark, dated August 3, 2017. Respondent's counsel confirmed that respondent stands by his earlier response filed on June 19, 2017, and does not wish to file another response. Id.

The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the amount of attorneys' fees requested appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates. Petitioner is awarded attorneys' fees in the amount of $7,815.00.

Regarding the costs sought by petitioner, the undersigned notes there is no receipt for the entry in the amount of $195.96 on the list of costs which is dated 3/26/15 and labeled "Patrick Printing copy/scan medical records." Pet. Second Motion at 10. There is a receipt for payments made to Patrick Printing in the amount of $227.17 dated 10/1/15. Id. at 16. This receipt, however, corresponds to a different entry for $227.17 on the list of costs, labeled simply "Scan/copying costs," also dated 10/1/15. Id. at 10. A comparison of the costs billed in both of these motions shows that the 3/26/15 entry for which there is no receipt appears on both lists of costs, but the entry dated 10/1/15 for which there is a receipt appears only on the list of costs in petitioner's second motion. Compare Pet. First Motion 10-11 with Pet. Second Motion at 10-11. Thus, it appears the petitioner simply failed to remove the 3/26/15 entry from the list of costs in the second motion when the correct 10/1/15 entry for $227.17, which is supported by a receipt, was added. Because there is no receipt to support the amount sought, the costs awarded are reduced by $195.96. Petitioner is awarded costs in the amount of $1,323.45.

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 attorneys' fees and costs.

Accordingly, the undersigned awards the total of $9,138.453 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Michael P. Stacy.

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

IT IS SO ORDERED.