UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On September 1, 2016, Tamara Cain ("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 sustained a shoulder injury related to vaccine administration ("SIRVA") from an influenza ("flu") vaccination she received on November 11, 2015. Petition at 1. On May 12, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 25.)

On November 12, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 31.) Petitioner requests attorneys' fees in the amount of $24,746.50 and attorneys' costs in the amount of $3,237.60. Id. at 1. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Id at 2. Thus, the total amount requested is $27,984.10.

On November 27, 2017, respondent filed a response to petitioner's motion. (ECF No. 31.) 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 November 28, 2017, petitioner filed a reply. (ECF No. 33.) Petitioner stated that respondent did not challenge any specific time entries, nor object to any litigation expenses charged by counsel.

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 rates.

In determining the amount of reasonable hours, a special master has discretion to exclude hours expended that are "`excessive, redundant, or otherwise unnecessary' based on his or her experience or judgment." Hocraffer v. Sec'y of Health & Human Servs., No. 99-533V, 2011 WL 6292218, at *3 (Fed. Cl. Nov. 22, 2011). The fee applicant bears the burden of documenting hours that are reasonable and the special master is not obligated to evaluate a fees petition on a line-by-line basis. Id. at *3, 13. Rather, particularly where billing entries are cryptic or inadequately described,3 the Special Master may determine whether the claimed hours are reasonable based on her experience and the context of the Vaccine Program. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 483-84 (1991). That is, special masters are permitted to use "a global — rather than line-by-line — approach to determine the reasonable number of hours expended." Hocraffer, 2011 WL 6292218, at *13. In the undersigned's experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours.4

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 $27,984.105 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Leah VaSahnja Durant.

The clerk of the court shall enter judgment in accordance herewith.6

IT IS SO ORDERED.