DECISION ON ATTORNEYS' FEES AND COSTS1

THOMAS L. GOWEN, Special Master.

On May 18, 2015, Anne Tinsley ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleged that she sustained a neurological injury as a result of receiving an influenza ("flu") vaccine on September 27, 2014. Petition at Preamble. On July 15, 2016, the parties filed a stipulation in which they stated that a decision should be entered awarding compensation. The undersigned issued a Decision awarding compensation pursuant to the parties' stipulation on July 18, 2016.

On July 18, 2016, petitioner filed an unopposed motion for attorneys' fees and costs, requesting $9,790.00 in attorneys' fees and $1188.453 petitioner's costs, for a total request of $10,978.45 in attorneys' fees and costs. See Petitioner's ("Pet.") Motion at 1; General Order #9 Statement. Petitioner filed her billing invoice in support of her fee application that same day, and filed a statement of petitioner's costs in accordance with General Order #9 on July 20, 2016. Pet. Supplemental ("Supp.") Motion; General Order #9 Statement. Petitioner's application states that respondent does not oppose petitioner's requested attorneys' fees and costs. Pet. Motion at 1.

I. Attorneys' Fees and Costs

Under the Vaccine Act, the special master shall award reasonable attorneys' fees and costs for any petition that results in an award of compensation. 42 U.S.C. § 300aa-15(e)(1). In the present case, petitioner was awarded compensation pursuant to the terms of a joint stipulation. Therefore, petitioner is entitled to an award of reasonable attorneys' fees and costs.

The Federal Circuit has approved use of the lodestar approach to determine reasonable attorneys' fees and costs under the Vaccine Act. Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343, 1349 (Fed. Cir. 2008). Using the lodestar approach, a court first determines "an initial estimate of a reasonable attorneys' fee by `multiplying the number of hours reasonably expended on the litigation times a reasonable hourly rate.'" Id. at 1347-58 (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)). Then, the court may make an upward or downward departure from the initial calculation of the fee award based on other specific findings. Id. at 1348.

Counsel must submit fee requests that include 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 Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are "excessive, redundant, or otherwise unnecessary." Saxton v. Sec'y or Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). The requirement that attorneys' fees be reasonable also applies to costs. McCulloch v. Sec'y of Health & Human Servs., No. 09-293V, 2015 WL 5634323, at *5 (Fed. Cl. Spec. Mstr. Sept. 1, 2015) (citing Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29, 34 (1992)).

The determination of reasonable attorneys' fees and costs is within the special master's discretion. Saxton, 3 F.3d at 1520. Special masters may rely on their prior experience in reviewing fee applications. See id., 3 F.3d at 1521 (citing Farrar v. Sec'y of Health & Human Servs., No. 90-1167V, 1992 WL 336502 at *2-3 (Fed. Cl. Spec. Mstr. Nov. 2, 1992)).

II. Reasonable Attorneys' Fees and Costs

Petitioner's billing record indicates that the total attorneys' fees and costs incurred in this case total $14,251.45.4 Pet. Supp. Motion at 5. According to the billing record, this total represents $13,460.00 in attorneys' fees (for 26.10 hours of work performed by Ms. Patricia Finn at a rate of $400 per hour and 15.10 hours of work performed by Ms. Jessica Lucas5 at a rate of $200 per hour) and $791.45 in costs. See generally Pet. Supp. Motion. Petitioner, however, has only requested $9,790.00 in attorneys' fees and a corrected total of $1,188.45 in petitioner's costs, for a total request of $10,978.45 in attorneys' fees and costs. See Petitioner's ("Pet.") Motion at 1.

On review of petitioner's billing record, the undersigned finds the number of hours expended reasonable. The issue of reasonable forum rates was recently ruled upon by the undersigned in McCulloch, and the undersigned notes that the billed rates are not consistent with that decision.6 2015 WL 5634323. However, the attorneys' fees requested have been reduced from those billed. Based upon the number of hours billed, petitioner has effectively requested rates of approximately $300 per hour for Ms. Finn and $130 per hour for Ms. Lucas. These rates are reasonable and are in line with the rates set forth in McCulloch. Accordingly, the undersigned finds the requested $9,790.00 in attorneys' fees reasonable.

The requested $1,188.15 in petitioner's costs, which consist of medical record costs and the filing fee, are also reasonable. Pet. Supp. Motion; General Order #9 Statement.

Upon review of the documentation of the requested attorneys' fees and costs, and based on his experience with the Vaccine Act and its attorneys, the undersigned finds a total attorneys' fees and costs award of $10,978.45 reasonable.

III. Conclusion

The undersigned awards attorneys' fees and costs as follows:

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

IT IS SO ORDERED.