UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On May 4, 2015, 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 a shoulder injury resulting from vaccine administration ("SIRVA") as a result of the diphtheria-pertussis-tetanus vaccine she received on July 9, 2014. On June 6, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 29.)

On June 25, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 33). Petitioner requests attorneys' fees in the amount of $20,316.50 and attorneys' costs in the amount of $1,002.48 for a total amount of $21,318.98. Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.

On July 11, 2016, respondent filed a response to petitioner's motion. (ECF No. 35). 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 she "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Additionally, she "asserts that a reasonable amount for fees and costs in the present case would fall between $12,000.00 to $14,000.00" but provides no basis or explanation for how she arrived at this proposed range. Id. at 3.

On July 21, 2016, petitioner filed a reply. (ECF No. 37). Petitioner argues that respondent has provided failed to raise any specific objection and disputes the credibility of respondent's proposed range of reasonable fees. (Id.) Petitioner requested compensation for a further three hours of attorney time spent in preparation of the reply, bringing the total amount of requested for attorneys' fees and costs to $22,563.98. (Id., p. 5.)

On September 16, 2016, the undersigned issued a reasoned decision in DiPietro v. HHS, 15-742V, setting forth an hourly rate for petitioner's counsel, and petitioner was ordered to file an amended motion for attorneys' fees and costs including billing records reflecting that hourly rate. (ECF No. 38). Petitioner filed an amended motion for attorney's fees and costs on October 8, 2016. (ECF No. 40.) The amended motion requested attorneys' fees in the amount of $19,208.00 and costs in the amount of $1,002.48, for a total of $20,210.48.3

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.

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 $20,210.484 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Leah V. Durant, Esq.

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

IT IS SO ORDERED.