UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On March 2, 2015, Avery and Alyssa Kranz ("petitioners") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [(the "Vaccine Act"). Petitioners alleged that their son, M.K. suffered abscesses at the injection sites of both the Pentacel (Diphtheria-Tetanus-acellular-Pertussis ("DTAP"), Haemophilus influenza type b ("Hib"), inactivated polio ("IPV"), and Prevnar (pneumococcal conjugate ("PCV")) vaccines he received on March 21, 2013, and the Pentacel and Prevnar vaccines he received on August 19, 2013. On August 17, 2016, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 41).

On December 22, 2016, petitioners filed a motion for attorneys' fees and costs. (ECF No. 46). Petitioners requests attorneys' fees in the amount of $17,471.20, and attorneys' costs in the amount of $617.57, for a total amount of $18,088.77. Id. at 1. In compliance with General Order #9, petitioners have filed a signed statement indicating they incurred $1,569.64 in out-of-pocket expenses. On January 9, 2017, respondent filed a response to petitioners' motion. (ECF No. 48).

In her response, respondent states "[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for respondent in the resolution of a request by petitioner for an award of attorneys' fees and costs." Id. at 1. Respondent does state that he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Respondent further states that the "Federal Circuit has also made clear that special masters may rely on their prior experience in making reasonable fee determinations, without conducting a line-by-line analysis of the fee bill, and are not required to rely on specific objections raised by respondent. Id. at 2. Thus, respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs in this case." Id. at 3.

The undersigned fully agrees with the analysis in the McCulloch3 case regarding appropriate hourly rates for the attorneys in the Conway, Homer, and Chin-Caplan law firm and adopts the same reasoning in this case. Furthermore, the undersigned has reviewed the billing records submitted with petitioners' request. In the undersigned's experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates.

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

Accordingly, the undersigned awards the total of $19,658.41,4 as follows:

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

IT IS SO ORDERED.