Filed: Jan. 19, 2018
Latest Update: Jan. 19, 2018
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 23, 2017, 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 developed Guillain-Barr Syndrome ("GBS") resulting from the influenza vaccine she received on September 29, 2015. Petition at 1, 4, 17-18. On October 27, 2017, the undersigned issued a dec
Summary: UNPUBLISHED DECISION ON ATTORNEYS' FEES AND COSTS 1 NORA BETH DORSEY , Chief Special Master . On January 23, 2017, 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 developed Guillain-Barr Syndrome ("GBS") resulting from the influenza vaccine she received on September 29, 2015. Petition at 1, 4, 17-18. On October 27, 2017, the undersigned issued a deci..
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UNPUBLISHED
DECISION ON ATTORNEYS' FEES AND COSTS1
NORA BETH DORSEY, Chief Special Master.
On January 23, 2017, 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 developed Guillain-Barré Syndrome ("GBS") resulting from the influenza vaccine she received on September 29, 2015. Petition at 1, ¶¶ 4, 17-18. On October 27, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 24.)
On December 14, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 28.) Petitioner requests attorneys' fees in the amount of $25,863.75 and attorneys' costs in the amount of $1,000.75. (Id. at 1.) In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. (Id.) Thus, the total amount requested is $26,864.50.
On December 19, 2017, respondent filed a response to petitioner's motion. (ECF No. 29.) 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.)
Petitioner has filed no reply.
The undersigned has reviewed the billing records submitted with petitioner's request. The undersigned finds it necessary to reduce the hourly rate of petitioner's counsel Mr. Knutson. Mr. Knutson requested a total of $25,863.75 for work performed from 2016-2017. Petitioner's counsel billed at a rate of $365.00 for 2016 and 2017, and $130.00 for paralegal work for 2016 and 2017. Both amounts exceed rates previously awarded for Mr. Knutson. Spivak v. Sec'y of Health & Human Servs., No. 16-0070V, 2017 WL 6503606 (Fed. Cl. Spec. Mstr. May 26, 2017); Deckert v. Sec'y of Health & Human Servs., No. 16-0562V, slip op. (Fed. Cl. Spec. Mstr. May 17, 2017) As is consistent with other cases in this program, Mr. Knutson is awarded $295.00 per hour for attorney work performed in 2016 and $75.00 per hour for paralegal work performed in 2016. The undersigned will award the increased rate of $365.00 for Mr. Knutson and $130.00 for paralegal work for hours billed in 2017.
The Vaccine Program does not permit billing for clerical, administrative, or secretarial work. Rochester v. United States, 18 Cl. Ct. 379, 387 (1989) (finding that services of a secretarial or clerical nature "should be considered as normal overhead office costs included within the attorneys' fee rates"); J.W. ex rel. Wilson v. Sec'y of Health & Human Servs., 2017 WL 877278, at *3 (Fed. Cl. Spec. Mstr. Feb. 10, 2017) ("It is well established that billing for clerical and other secretarial work is not permitted in the Vaccine Program").
Petitioner's counsel billed approximately 1.40 paralegal hours for scanning records, making labels and opening the file.3 These entries, which the undersigned characterizes as administrative work, do not constitute billable time. Guerrero v. Sec'y of Health & Human Servs., 124 Fed. Cl. 153, 156 (2015) (noting that "purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them") (internal quotations and citations omitted). The undersigned therefore reduces the fee request.
Requested attorneys' fees $16,698.75
Requested Paralegal fee $ 9,165.00
Less attorney rate reduction from $365 to $295 for 17.65 -$ 1,235.50
hours billed in 2016:
Less paralegal rate reduction from $130 to $75 for 56.80 -$ 3,124.00
hours billed in 2016:
Less 1.4 hours as administrative time -$182.00
Adjusted total for attorneys' fees: $21,322.25
Requested costs: +$ 1,000.75
Total Attorneys' Fees and Costs Awarded: $22,323.00
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 in part petitioner's motion for attorneys' fees and costs.
Accordingly, the undersigned awards the total of $22,323.004 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Randall G. Knutson.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
