Not for Publication

DECISION AWARDING ATTORNEYS' COSTS1

LAURA D. MILLMAN, Special Master.

On July 1, 2011, petitioners filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2012). Petitioners alleged that their son, J.J. suffered intussusception as a result of his receipt of diphtheria-tetanus-acellular pertussis, hepatitis B, inactivated polio virus, pneumococcal conjugate, and rotavirus vaccines on July 10, 2008. On December 7, 2015, the undersigned issued decision awarding damages pursuant to the parties' stipulation.

After being granted several extensions of time, petitioners filed a motion for attorneys' fees and costs on February 21, 2017, requesting attorneys' fees and costs in the amount of $71,953.43 and personal costs of $302.88, for a total request of $72,256.31.

On March 14, 2017, respondent filed a response to petitioners' motion explaining that he is satisfied this case meets the statutory requirements for an award of attorneys' fees and costs under 42 U.S.C. § 300aa-15(e)(1)(A)-(B). Resp. at 2. Respondent "respectfully recommends that the [undersigned] exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3. Petitioners did not file a reply to respondent's response.

Under the Vaccine Act, a special master or a judge on the U.S. Court of Federal Claims shall award reasonable attorneys' fees and costs for any petition that results in an award of compensation. 42 U.S.C. § 300aa-15(e)(1); Sebelius v. Cloer, 133 S.Ct. 1886, 1893 (2013). The special master has "wide discretion in determining the reasonableness" of attorneys' fees and costs. Perreira v. Sec'y of HHS, 27 Fed. Cl. 29, 34 (1992), aff'd, 33 F.3d 1375 (Fed. Cir. 1994); see also Saxton ex rel. Saxton v. Sec'y of HHS, 3 F.3d 1517, 1519 (Fed. Cir. 1993) ("Vaccine program special masters are also entitled to use their prior experience in reviewing fee applications."). However, as the Federal Circuit noted, these fees and costs were "not expected to be high" due to the "no-fault, non-adversarial system" set forth in the Vaccine Act. Id. at 1520.

Based on her experience and review of the billing records submitted by petitioners, the undersigned finds that the amount of time expended by petitioners' attorney is reasonable.

In Zdroik, Chief Special Master Dorsey found that Mr. Rodriguez's requested hourly rates of $389.00 for 2016, $375.00 for 2015, and $361.00 for 2014 were too high because they exceeded the "hourly rate of an attorney with [Mr. Rodriguez's] experience and qualifications." Zdroik v. Sec'y of HHS, No. 15-468V, 2017 WL 767852, at *1 (Fed. Cl. Spec. Mstr. Feb. 3, 2017). The undersigned agrees with Chief Special Master Dorsey's finding that Mr. Rodriguez should be awarded hourly rates of $375.00 in 2016, $361.00 in 2015, and $347.00 in 2014. Therefore, the undersigned finds it is appropriate to award the following hourly rates to petitioners for Mr. Rodriguez's work on the case:

The undersigned calculated the hourly rates for 2009 to 2013 and 2017 using the inflation rate of 3.7% utilized in McCulloch, McCulloch v. Sec'y of HHS, No. 09-293V, 2015 WL 564323, at *16 (Fed. Cl. Spec. Mstr. Sept. 1, 2015).

The undersigned GRANTS petitioners' Motion for Attorneys' Fees and Costs. However, for the reasons provided above, the undersigned reduces petitioners' attorneys' fees and costs award by $1,450.60. Accordingly, the court awards:

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.