UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On September 5, 2014, Linda Hurley ("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-Barré Syndrome ("GBS") as a result of receiving the influenza ("flu") vaccine on November 26, 2013.3 Pet. at 1; Stip., filed Jan. 24, 2017, at ¶¶ 1, 2, 4. On January 25, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 65).

On April 28, 2017, petitioners filed a motion for attorneys' fees and costs, requesting attorneys' fees in the amount of $38,095.50 and attorneys' costs in the amount of $22,061.92 for a total amount of $60,157.42. Petitioner's Motion for Attorneys' Fees and Costs ("Pet. Motion") at ¶¶ 1-4 (ECF No. 70). In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at ¶ 4.

On May 15, 2017, respondent filed a response. (ECF No. 71). In his response, respondent states "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by petitioner for an award of attorneys' fees and costs." Id. at 1. Respondent does state that he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent further states that the "Federal Circuit has also made clear that special masters may rely on their prior experience in making reasonable fee determinations, without conducting a line-by-line analysis of the fee bill, and are not required to rely on specific objections raised by respondent." Id. Thus, respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs in this case." Id. at 3. Petitioner has not filed a reply.

A review of the supporting documentation submitted in this case reveals that petitioner twice charged for the cost of obtaining certain medical records.4 Petitioner also charged $401.63 for two hotels rooms required for petitioner and petitioner's counsel during mediation despite the fact that the receipts provided total only $267.76.5 The undersigned will reduce the amount of attorneys' costs by these erroneous charges.

Petitioner mistakenly included a receipt which appears to be from another case (id. at 53), but failed to include receipts for two entries in the amounts of $2.86 and $25.00 paid to obtain medical records (id. at 29-30 (entries dated Oct. 7, 2014 and Nov. 25, 2015)). Because the amounts requested which lack receipts are relatively small and the medical records were filed into the record in this case, the undersigned will not deduct these amounts. Additionally, the undersigned finds no reason to further reduce the amount of attorneys' fees and costs sought in this case.

The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on all of the above, the undersigned finds that petitioner's counsel is entitled to reasonable attorneys' fees and costs as follows:

Accordingly, the undersigned awards $59,577.156 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Paul Brazil.

The clerk of the court shall enter judgment in accordance herewith.7

IT IS SO ORDERED.