UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On September 21, 2016, Phillip Bernotas ("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 brachial neuritis as a result of receiving a Tetanus, Diphtheria, Acellular Pertussis ("Tdap") vaccine on September 21, 2013. On June 16, 2017, the undersigned issued a decision awarding compensation to petitioner based on the parties' joint stipulation. (ECF No. 25.)

On June 28, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 26.) Petitioner requests attorneys' fees in the amount of $16,310.50, and attorneys' costs in the amount of $761.12. (Id. at 1) In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Thus, the total amount requested is $17,071.62.

On July 17, 2017, respondent filed a response to petitioner's motion. (ECF No. 27.) 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. Petitioner did not file a reply.

The undersigned has reviewed the billing records submitted with petitioner's request. The undersigned has reviewed the billing records submitted with petitioner's request. Petitioner's counsel has requested an increase in rates previously requested for work performed in 2015-163 and rates for work performed in 2017. See Pet. Motion at 1 (Table of requested rates). The undersigned recently awarded the rates requested in this case in several SPU cases, Murray 16-575V, English 16-825V and Glick 16-1377.4 As stated in Murray, the requested rates are within the range corresponding to the experience of the attorneys involved.5 Furthermore, the undersigned finds the requested rates to be appropriate given the attorneys' experience and high quality of work. See McCulloch v. Sec'y of Health & Human Servs., No. 09-293V, 2015 WL 5634323, at *17 (Fed. Cl. Spec. Mstr. Sept. 1, 2015) (discussing the factors which should be considered when determining an attorney's appropriate hourly rate). 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 petitioner's request, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $17,071.626 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel John R. Howie, Jr.

The clerk of the court shall enter judgment in accordance herewith.7

IT IS SO ORDERED.