UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On June 15, 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 she suffered from Guillain-Barre Syndrome and chronic inflammatory demyelinating polyneuropathy following an influenza vaccination on January 16, 2014. On April 10, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 50).

On April 20, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 53). Following a status conference discussing petitioner's Petition for Attorney Fees and Costs, petitioner submitted an Amended Petition for Attorney Fees and Costs on June 14, 2017. (ECF No. 58.) Petitioner requests attorneys' fees in the amount of $29,431.80, and attorneys' costs in the amount of $17,111.88. Id. at 3.3 In compliance with General Order #9, petitioner has filed a signed statement indicating petitioner incurred no out-of-pocket expenses.

On April 24, 2017, respondent filed a response to petitioner's motion. (ECF No. 54). 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 he "is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent "respectfully recommends that the Chief Special Master exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.

The undersigned has reviewed the billing records submitted with petitioner's request. Petitioner requests compensation for 70.92 hours for her attorney, Mr. Krochmal, at a rate of $415.00 per hour for time billed from 2014-2017.4 (ECF No. 53 at 2.) Mr. Krochmal has been a member of the State Bar of Michigan and the United States District Court of the Eastern District of Michigan, Southern Division, since 1972. Id. The undersigned finds no cause to reduce the requested hours. However, the undersigned notes that the requested rate is towards the high end of this Court's Attorneys' Hourly Rate Fee Schedule for attorneys with more than 31 years of experience. Under the Court's Fee Schedule, an attorney with over 31 years of experience is entitled to hourly rates between $385-$430 for work performed in 2015 and 2016,5 and $394-$440 for work performed in 2017.6 However, Mr. Krochmal has limited experience with Vaccine Program cases.7 Based on Mr. Krochmal's minimal experience in the Vaccine Program, the undersigned finds a rate of $385.00 per hour is appropriate for work performed prior to 2017, and $395 for work performed in 2017. This amounts to a total of $27,385.20 ($24,185.70 for 62.82 hours billed prior to 2017, and $3,199.50 for 8.1 hours billed in 2017). This results in a reduction of $2,046.60.

The undersigned also finds that a reduction in petitioner's costs is necessary. In June of 2016, petitioner's life care planner billed a total of 21.3 hours for travel time at a rate of $165.00 per hour for a total of $3,514.50. (ECF No. 56 at 23.) As is the consistent practice in the Vaccine Program, the undersigned reduces the hourly rate for these hours by 50%. See, e.g., Hocraffer v. HHS, No. 99-533V, 2011 WL 3705153, at *24 (Fed. Cl. July 25, 2011) (noting that "Special masters consistently award compensation for travel time at 50% of the billing rate in the Vaccine Program."); Stone v. HHS, No. 04-1041V, 2010 WL 3790297, at *8 (Fed. Cl. Sept. 9, 2010) (reducing an expert's hourly rate by 50% for travel time). This results in a reduction of $1,757.25.

Based on all of the above, the undersigned finds that petitioner's counsel is entitled to reasonable attorneys' fees and costs as follows:

Accordingly, the undersigned awards the total of $42,739.838 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Gary A. Krochmal.

The clerk of the court shall enter judgment in accordance herewith.9

IT IS SO ORDERED.