UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On December 14, 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 related to vaccine administration ("SIRVA") as a result of receiving an influenza ("flu") vaccination August 29, 2014. On December 12, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 35.)

On May 23, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 40.) Petitioner requests attorneys' fees in the amount of $21,556.30 and attorneys' costs in the amount of $736.28. Id. Additionally, petitioner requests fees for her previous counsel, Stanley G. Swiderski, in the amount of $4,000.00. Id. In compliance with General Order #9, petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. Thus, the total amount requested is $26,292.58.

On May 30, 2017, respondent filed a response to petitioner's motion. (ECF No. 41.) 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 June 1, 2017, petitioner filed a reply. (ECF No. 42.)

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 billed by the Maglio Firm.3 The undersigned does, however, reduce the fees requested by petitioner's prior counsel, Stanley G. Swiderski, to the amount supported by his revised billing record.

As noted, petitioner requested $4,000.00 in fees for Mr. Swiderski. The evidence substantiating this request was insufficient, however, and the undersigned required petitioner to obtain and file his contemporaneous and specific billing records, indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Order, issued July 21, 2017, ECF No. 43. Petitioner complied, submitting a detailed statement for the reduced amount of $3,215.00. Exhibit 30. The undersigned will pay this amount, as it is supported by the evidence. Petitioner's initial request will be reduced by $785.00.

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, minus the noted reduction.

Accordingly, the undersigned awards the total of $25,507.584 as follows:

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

IT IS SO ORDERED.