NORA BETH DORSEY, Chief Special Master.
On January 4, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On October 6, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 31). Petitioner requests attorneys' fees in the amount of $16,326, attorneys' costs in the amount of $348.33, and petitioner's out-of-pocket costs in the amount of $400.00 for a total amount of $17,074.33. Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred $400.00 in out-of-pocket expenses.
On October 27, 2016, respondent filed a response to petitioner's motion. (ECF No. 33). 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 $11,000.00 to $14,000.00" but provides no basis or explanation for how she arrived at this proposed range. Id. at 3.
On November 7, 2016, petitioner filed a reply. (ECF No. 34). Petitioner argues that respondent offers no specific objections to petitioners' application for attorneys' fees and costs, but "a `blanket' objection based upon a vague and unhelpful survey." Id. at 9.
The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.
Petitioner requests additional attorneys' fees in the amount of $497.00 for preparing the reply. Petitioner's Supplemental Application for Attorneys' Fees at 1, Tab A at 2. 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, $
The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request, the undersigned
The clerk of the court shall enter judgment in accordance herewith.