DECISION ON ATTORNEYS' FEES AND COSTS1

THOMAS L. GOWEN, Special Master.

On December 17, 2013, Victor York ("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 and/or a tetanus-diptheria-acellular pertussis vaccination on November 16, 2011, he developed chronic inflammatory demyelinating polyneuropathy. See Petition at Preamble, docket no. 1, filed Dec. 17, 2013. On February 11, 2015, the parties filed a stipulation in which they stated that a decision should be entered awarding compensation to petitioner. See Stipulation for Award, docket no. 22, filed Feb. 11, 2015. On February 12, 2015, a decision adopting the parties' stipulation was issued, awarding petitioner compensation in the amount of $182,500.00. See Decision, docket no. 23, filed Feb. 12, 2015. Judgment entered on February 26, 2015.

On July 15, 2015, petitioner filed a motion for attorneys' fees and costs. On July 22, 2015, respondent filed a motion to stay the proceedings on petitioner's fee application, stating that further proceedings would be duplicative of the parties' efforts in McCulloch v. Sec'y of HHS, No. 09-293, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015). See Motion to Stay, docket no. 30, filed July 22, 2015. In McCulloch, the parties litigated requested hourly rates for attorneys at Conway, Homer & Chin-Caplan ("CHC"). On July 30, 2015, petitioner filed a response in opposition to respondent's motion to stay. On September 1, 2015, the undersigned issued a decision in McCulloch, setting forth reasonable hourly rates for the attorneys at CHC. Thereafter, the undersigned denied respondent's motion to stay the proceedings in this matter, and ordered petitioner to file an amended motion for attorneys' fees and costs, consistent with the rates established in McCulloch. See Order, docket no. 32, filed Sept. 1, 2105. Petitioner filed an amended motion for attorneys' fees and costs on September 3, 2015.

On October 6, 2015, respondent filed a response to petitioner's amended motion for attorneys' fees and costs, stating that "while [she] disagrees with the analysis and findings in [McCulloch], respondent has determined that her resources are not wisely used by continuing to litigate the issues addressed in that decision." Response to Amended Motion at 1-2, docket no. 36, filed Oct. 6, 2015. Accordingly, respondent indicated that she "defers to the special master's statutory discretion in determining a reasonable fee award for this case." Id. at 2.

Petitioner here requests a total award of attorneys' fees and costs in the amount of $20,453.24. Amended Motion at 2, docket no. 33, filed Sept. 3, 2015. This amount includes attorneys' fees in the amount of $19,726.20, and attorneys' costs in the amount of $710.85. Id. at 1. Additionally, in accordance with General Order #9, petitioner represents that he incurred reimbursable costs in pursuit of this claim in the amount of $16.19. See Notice, docket no. 29, filed July 15, 2015.

The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner's request, which is consistent with the rates and reasoning established in McCulloch, the undersigned GRANTS the request for approval and payment of attorneys' fees and costs.

Accordingly, 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.