UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On November 26, 2014, Mary Daniels filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act" or "Program"). Petitioner alleged that she a shoulder injury related to vaccine administration (SIRVA) which was caused by the flu vaccine she received on December 3, 2012. Petition at 1. On March 15, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent's proffer to which petitioner agreed. (ECF No. 37).

On July 11, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 41). Petitioner requests attorneys' fees in the amount of $22,049.90, attorneys' costs in the amount of $1,559.43, and petitioner's out-of-pocket costs in the amount of $400.00 for a total amount of $24,009.33. Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred $400.00 in out-of-pocket expenses. Id.; see also Id. at 45 (Tab C) (canceled check for filing fee signed by petitioner).

On July 20, 2016, respondent filed a response to petitioner's motion. (ECF No. 43). 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 she "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Additionally, she "asserts that a reasonable amount for fees and costs in the present case would fall between $12,000.00 to $14,000.00." Respondent cites to a list of cases which she argues are similarly-postured SPU cases as support for her proposed range. Id. at 3.

On August 2, 2016, petitioner filed a reply. (ECF No. 47). Petitioner indicates she "is puzzled by the respondent's reference to `similar cases' that purportedly demonstrate a range of fees and costs awarded in past cases similar to that of the petitioner." Id. at 3. Petitioner notes that several of the fee awards were based on a stipulated amount and none are cases in which petitioner's counsel was attorney of record. Id. at 3-4. Moreover, petitioner argues that respondent's objection is vague and urges the undersigned to reject respondent's argument.

Petitioner requests additional attorneys' fees in the amount of $487.00 for preparing the reply. Pet. Supplemental Motion for Attorneys' Fees and Costs at 1 (ECF No. 45). Petitioner has provided specific billing entries describing how this time was expended.3 The undersigned finds the request for additional hours spent preparing the reply to be reasonable and awards the full amount requested for preparation of the reply brief, $478.00. Thus, the total amount awarded for attorneys' fees and costs is $24,487.33.

The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $24,487.334 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Conway, Homer & Chin-Caplan, P.C.

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

IT IS SO ORDERED.