UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On June 2, 2016, 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 an injury to her left shoulder as a result of an influenza ("flu") vaccine administered on December 14, 2014. On March 14, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 30.) Petitioner was awarded $120,000.00.

On August 11, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 35.) Petitioner requests attorneys' fees in the amount of $13,482.50 and attorneys' costs in the amount of $740.41. Id. In compliance with General Order #9, petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. (ECF No. 35-3.) Thus, the total amount requested is $14,222.91.

On August 21, 2017, respondent filed a response to petitioner's motion. (ECF No. 36.) 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. On August 24, 2017, petitioner filed a reply. (ECF No. 37.)

The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the requested hours appear reasonable, and the undersigned will not reduce them; however, she does reduce certain requested hourly rates.

Ms. Strait requests $295.00 per hour for work performed in 2015, $306.00 per hour for work performed in 2016, and $320.00 per hour for work performed in 2017. (ECF 35-1.) In 2017, Ms. Strait is in her seventh year of practice, placing her within the 4-7 year practice range set forth in the 2015-2016 and 2017 Fee Schedules.3 However, Ms. Strait's requested rates for 2016 and 2017 are outside of the range set forth in the fee schedules for an attorney with her years of experience. The maximum amount to be awarded for an attorney in the 4-7 year range is $300.00 per hour in 2016 and $307.00 per hour in 2017. Thus, the undersigned awards Ms. Strait $300.00 per hour for work performed in 2016 and $307.00 per hour for work performed in 2017, thereby reducing petitioner's application by $182.60.4

The remainder of the firm's requested hourly rates fall within the 2015-2016 and 2017 Fee Schedules. The undersigned finds them reasonable and awards them in full.

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, minus the noted reductions.

Accordingly, the undersigned awards:

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

IT IS SO ORDERED.