DECISION ON ATTORNEYS' FEES AND COSTS1

THOMAS L. GOWEN, Special Master.

On September 4, 2015, David Egan ("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 as a result of receiving an influenza vaccine on October 29, 2014, he developed injuries including rheumatoid arthritis, bladder weakness, and loss of balance lasting greater than six months. Petition at Preamble, filed Sept. 4, 2015. On January 15, 2016, the parties filed a joint status report indicating that they have reached a tentative agreement in this, and requested that the court issue a 15-week order to set deadlines to file a stipulation for an award of compensation. See 15-week Order, filed Jan. 15, 2016. The 15-week order was issued on January 15, 2016. Thereafter, respondent filed a stipulation for an award on April 26, 2016.

On April 1, 2016, petitioner filed an application for attorneys' fees and costs. Petitioner requested $17,616.25 in attorneys' fees, $690.19 in attorneys' costs, and $400.00 in reimbursable costs to petitioner pursuant to General Order #9. See Application for Attorneys' Fees and Costs at 3, filed Apr. 1, 2016.

On April 8, 2016, respondent filed a response to petitioner's application, stating that she is "satisfied that the statutory requirements for an award of attorneys' fees and costs are met in this case." Response to Attorney's Fees and Costs ("Response") at 2, filed Apr. 8, 2016. Respondent recognized that the determination of reasonable attorneys' fees and costs is within the special master's discretion. See id. (citing Saxton v. Sec'y of HHS, 3 F.3d 1517, 1520 (Fed. Cir. 1993). Nevertheless, respondent averred that "[b]ased on a survey of fee awards in similar cases and her experience litigating Vaccine Act claims . . . a reasonable amount for fees and costs in the present case would fall between $8,000.00 to $12,000.00." Response at 3.

On April 12, 2016, petitioner filed a reply to respondent's response. Petitioner argued, among other things, that based on the unique facts of this case, counsel's request of "$18,706.45 [sic] in attorneys' fees and costs is reasonable." Reply to Response at 3, filed Apr. 12, 2016. Petitioner further stated that "[i]n an effort to avoid further time and expense in this matter, petitioner does not intend to revise her Application for Fees and Costs to include her time expended since April 1, 2016. Id.

The undersigned has reviewed the billing records and documentation of costs in this case and they appear reasonable. Respondent does not specifically identify the "similar cases" upon which her suggested range of attorneys' fees and costs is based. The undersigned believes that the number of hours expended by counsel in preparing a given case is largely due to the individual complexities of the case, rather than to a type of disease or other general category of cases. The time records of counsel provide the best evidence of hours expended, and in this case those hours appear reasonable, as does the hourly rates requested by petitioner's counsel.

Special masters may rely on their prior experience in reviewing fee applications. See Saxton, 3 F.3d at 1521 (citing Farrar v. Sec'y of HHS, 1992 WL 336502 at * 2-*3 (Cl. Ct. Spec. Mstr. Nov. 2, 1992)). Based upon review of the documentation of the requested attorneys' fees and costs, and based on my experience with the Vaccine Program, the undersigned GRANTS the request for approval and payment of attorneys' fees and costs in the amount of $18,706.44, pursuant to 42 U.S.C. § 300 aa-15(e).

An award should be made as follows:

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance herewith.3

IT IS SO ORDERED.