CHRISTIAN J. MORAN, Special Master.
After receiving compensation through the Vaccine Program, Adam Raszkiewicz filed a motion for attorneys' fees and costs. Mr. Raszkiewicz is awarded
Mr. Raszkiewicz alleged that the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine caused him to develop Guillain-Barré syndrome. Mr. Raszkiewicz was awarded compensation based on the parties' stipulation.
On July 10, 2016, Mr. Raszkiewicz filed the pending motion for attorneys' fees and costs. Mr. Raszkiewicz requested $54,113.50 in attorneys' fees and $1,540.54 in attorneys' costs. Additionally, pursuant to General Order No. 9, Mr. Raszkiewicz states that he incurred costs in the amount of $97.95 in pursuit of this litigation. On July 13, 2016, the Secretary filed a response to Mr. Raszkiewicz's application. The Secretary did not identify any specific problems but asserted that for a case with this type of alleged injury, vaccine, and time to adjudication within twelve months, a reasonable range for attorneys' fees and costs would be from $21,000.00 to $30,000.00. Resp't's Resp. at 3. The Secretary cited two cases in support of her proposed range. The Secretary further suggested that the undersigned "exercise his discretion" in determining a reasonable award of attorneys' fees and costs within the range she has provided. Resp't's Resp. at 3.
Mr. Raszkiewicz disagrees that time to adjudication alone is a proper benchmark to assess reasonableness of attorneys' fees. He argues that significant work completed prior to the filing of a case, in a concentrated time period, and the association of counsel can assist in achieving an expedited resolution of a case — as was the situation in the present matter. Pet'r's Reply, filed July 14, 2016, at 2.
Because Mr. Raszkiewicz received compensation, he is entitled to an award of reasonable attorneys' fees by right. 42 U.S.C. § 300aa-15(e).
The Federal Circuit has approved the lodestar approach to determine reasonable attorneys' fees and costs under the Vaccine Act. This is a two-step process.
Mr. Raszkiewicz requests compensation for his attorney, Mr. Robert Krakow, whose rates have been found to be reasonable.
The second factor in the lodestar formula is a reasonable number of hours. Reasonable hours are not excessive, redundant, or otherwise unnecessary.
In light of the Secretary's lack of objection, the undersigned has reviewed the fee application for its reasonableness.
In addition to seeking attorneys' fees, Mr. Raszkiewicz, also seeks an award of costs. The requested costs are reasonable and adequately documented. Consequently, Mr. Raszkiewicz is awarded the full amount of attorneys' fees and costs.
The Vaccine Act permits an award of reasonable attorneys' fees and costs. §15(e). The undersigned finds $55,751.99 ($54,113.50 in fees and $1,540.54 in costs) to be a reasonable amount for all attorneys' fees and costs incurred. Mr. Raszkiewicz is awarded $97.95 for costs personally incurred. The undersigned GRANTS the petitioner's motion and awards
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.