UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On January 20, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleged that he suffered from Guillain-Barre Syndrome ("GBS") following a Tetanus, Diphtheria, Pertussis ("Tdap") vaccine on October 17, 2013 and an influenza ("flu") vaccine on October 18, 2013. On August 4, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' Stipulation. (ECF No. 40).

On September 6, 2016, petitioner filed a motion for attorneys' fees and costs. (ECF No. 44). Petitioner requests attorneys' fees in the amount of $44,800.50 and attorneys' costs in the amount of $11,673.32 for a total amount of $56,473.82. Id. at 2.

In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. at 1.

On September 23, 2016, respondent filed a response to petitioner's motion. (ECF No. 45). 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 $26,000.00 and $34,000.00" but provides no basis or explanation for how she arrived at this proposed range. Id. at 3.

On October 3, 2016, petitioner filed a reply. (ECF No. 46). Petitioner argues that respondent has provided "no precise objection" but only "a self-serving estimation of what the [r]espondent believes the range for fees and costs in this case should be." Id. at 2-3.

The undersigned has reviewed the billing records submitted with petitioner's request and finds a reduction in the amount of fees to be awarded appropriate for several reasons.

First, petitioner requests compensation for an excessive number of billing entries for paralegal work at an attorney rate.3 Attorneys may be compensated for paralegal-level work, but at a rate that is comparable to what would be paid for a paralegal. See, e.g. Doe/11 v. Sec'y of Health & Human Servs., No. XX-XXXV, 2010 WL 529425, at *9-10 (Fed. Cl. Spec. Mstr. Jan. 29, 2010) (citing Missouri v. Jenkins, 491 U.S. 274, 288 (1989)); Mostovoy v. Sec'y of Health & Human Servs., No. 02-10V, 2016 WL 720969, at *5 (Fed. Cl. Spec. Mstr. Feb. 4, 2016); Riggins. v. HHS., 99-382V, 2009 WL 3319818, *20-21 (Fed. Cl. Spec. Mstr. June 15, 2009); Turpin v. HHS., No. 99-535, 2008 WL 5747914, *5-7 (Fed. Cl. Spec. Mstr. Dec. 23, 2008). The undersigned finds 13.8 hours of petitioner's counsel's billed time represents paralegal work, and not attorney work, and reduces petitioner's attorneys' fees request by $1,794.4

Second, petitioner requests compensation for some clerical and administrative work which is not compensable in the Vaccine Program as it is normally considered administrative overhead.5 See, e.g. Rochester v. United States, 18 Cl. Ct. 379, 387 (1989) (legal assistant services that were "primarily of a secretarial and clerical nature . .. should be considered as normal overhead office costs included with the attorneys' fee rates"); Mostovoy, 2016 WL 720969, at *5. The undersigned reduces petitioner's counsel's fees' request by 3.2 hours, or $816, for attorney time billed for administrative tasks.

Based upon the above analysis, a review of the timesheets, and the undersigned's experience, petitioner's application for attorneys' fees is reduced by $2,610. The undersigned finds that the proposed attorney and paralegal rates, as well as the proposed costs, are entirely reasonable.

Petitioner also requests additional attorneys' fees in the amount of $275 (one hour of time) for preparing the reply. (ECF No. 46 at 4). The undersigned finds the request for additional hour spent preparing the reply to be reasonable and awards the full amount requested for preparation of the reply brief. Thus, the total amount awarded for attorneys' fees and costs is $54,138.82.6

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 $54,138.827 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel, Maximillian Muller.

The clerk of the court shall enter judgment in accordance herewith.8

IT IS SO ORDERED.