UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On February 10, 2016, 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 her tetanus-diphtheria-acellular pertussis ("Tdap") on July 28, 2014. On January 31, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' Stipulation. (ECF No. 28).

On April 13, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 17). Petitioner requests attorneys' fees in the amount of $22,433.50 and attorneys' costs in the amount of $1,957.53 for a total amount of $24,391.03. (Id. at 10). In compliance with General Order #9, petitioner filed a signed statement indicating petitioner incurred no out-of-pocket expenses.

On April 18, 2017, respondent filed a response to petitioner's motion. (ECF No. 33). In response, 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 Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." (Id. at 3).

On November 4, 2016, the undersigned issued a reasoned decision in Henry v. Sec'y of Health & Human Servs., No. 15-545V, 2016 WL 7189925 (Fed. Cl. Spec. Mstr. Nov. 4, 2016), addressing hourly rates for the McLaren firm. The undersigned concluded the McLaren firm may be compensated at forum rates consistent with McCulloch v. Sec'y of Health & Human Servs., No. 09-293V, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015). The undersigned adopts the reasoning in the Henry decision for the instant analysis.

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. However, consistent with Henry, supra, the undersigned reduces the award to reflect rate reductions for travel time and for 2016 and 2017 paralegal rates.

Mr. Webb billed a total of 15.5 hours for travel at a rate of $305 per hour. This includes 6.5 hours of travel from Memphis on February 29, 2016 for a client meeting in Asheville, and 9 hours of travel back to Memphis after the client meeting on March 1, 2016. (ECF No. 32-2 at 6-7). As is this Court's consistent practice, and notwithstanding the fact that Mr. Webb was noted to be working on the case en route, the undersigned reduces the hourly rate for these hours by 50%.3 The discount in fees for Mr. Webb's travel time results in a reduction of $2,363.75.

Further, there was 6.9 hours of paralegal time billed in 2016 at a rate of $150 per hour, amounting to billing of $1,035.00. (ECF No. 32-2, at 14). Reducing the hourly rate to $145 for all these hours reduces the total amount to $1,000.50, a reduction of $34.50. Additionally, there was 4.9 hours of paralegal time billed in 2017 at a rate of $155 per hour, amounting to billing of $759.50. (ECF No. 32-2, at 14). Reducing the hourly rate to $148 for all these hours reduces the total amount to $725.20, a reduction of $34.30.4

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 the total of $21,958.48 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Michael G. McLaren.

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

IT IS SO ORDERED.