UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On April 11, 2016, Sandra Williams, trustee on behalf of the Williams Family Trust, on behalf of her deceased husband Richard Williams ("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 alleges that Mr. Williams suffered from Guillain Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination he received on October 7, 2014. Petition at ¶¶ 1-11. On April 6, 2017, petitioner moved for a decision dismissing the petition, acknowledging that insufficient evidence exists to demonstrate entitlement to compensation. (ECF No. 26). On April 12, 2017, the undersigned issued a decision dismissing the claim based on petitioner's motion. (ECF No. 28). Judgment entered on April 13, 2017. (ECF No. 31.)

On April 13, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 29). Petitioner requests attorneys' fees in the amount of $14,228.00 and attorneys' costs in the amount of $5,111.91 for a total amount of $19,339.91. Id. at 1. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses.

On April 19, 2017, respondent filed a response to petitioner's motion. (ECF No. 33). In his response, 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.

Under the Vaccine Act, an award of reasonable attorneys' fees and costs is mandatory where a petitioner is found entitled to compensation. § 15(e)(1). However, where the petitioner is unsuccessful, the special master must first determine whether the petition was brought in good faith and the claim had a reasonable basis, before awarding attorneys' fees and costs. Id. In this case entitlement was denied, so an award of attorneys' fees and costs is contingent on the undersigned finding good faith and reasonable basis.

The undersigned has reviewed the petition, medical records, and other evidence submitted in this case and finds that petitioner brought the petition in good faith, and that there was a reasonable basis for the claim. Further, once petitioner determined that she would be unable to prove entitlement to compensation, she promptly moved to dismiss the claim. In light of the foregoing, the undersigned finds that petitioner should receive an award of reasonable attorneys' fees and costs.

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.

The Vaccine Act permits an award of reasonable attorneys' fees and costs to an unsuccessful litigant when the special master determines that the petition was brought in good faith and that the claim had a reasonable basis. § 15(e). The undersigned has done so herein. Therefore, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $19,339.913 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Andrew D. Downing.

The clerk of the court shall enter judgment in accordance herewith.4

IT IS SO ORDERED.