THOMAS L. GOWEN, Special Master.
On September 3, 2015, Dalton Truax, III ("petitioner") filed a claim in the National Vaccine Injury Compensation Program,
On January 29, 2018, petitioner filed a motion for attorneys' fees and costs ("Motion"). ECF No. 52. Petitioner requests a total of $22,770.00 as reimbursement for attorneys' fees and $1,679.11 as reimbursement for costs. Motion at 1-2. Thus, petitioner requests a total of $24,449.11 as reimbursement for attorneys' fees and costs. Id. In accordance with General Order #9, petitioner's counsel filed a statement representing that petitioner has not incurred any costs in pursuit of this claim. ECF No. 53.
On February 6, 2018, respondent filed a response to petitioner's motion ("Response"). 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." Response at 1. Further, respondent "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 Special Master exercise his discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.
Petitioner has not filed a reply. This matter is now ripe for adjudication.
The hourly rate requested by petitioner's counsel is well within the range of hourly rates I found reasonable for an attorney of her experience in McCulloch v. Sec'y of Health & Human Servs., No. 09-293, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015), and I have previously found her requested hourly rate to be reasonable. Estate of Joiner v. Sec'y of Health & Human Servs., No. 14-211V, 2017 WL 3597932 (Fed. Cl. Spec. Mstr. June 1, 2016). I again find the hourly rate of $275.00 per hour requested by petitioner's counsel to be reasonable and award it in full.
I have reviewed the billing records and invoices submitted with petitioner's motion. The billing entries reflect the nature of each task performed, the amount of time expended, and the person performing each task. The expenses incurred are well-documented and based on my experience they appear reasonable. I find no cause to adjust the time expended or the costs. Thus, the requested attorneys' fees and costs are awarded in full.
In accordance with the foregoing, petitioner's motion for attorneys' fees and costs is
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court