DECISION ON ATTORNEYS' FEES AND COSTS1

HERBRINA D. SANDERS, Special Master.

On January 28, 2016, David Romero ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that he suffered from "cryoglobulinemic vasculitis, kidney failure, congestive heart failure, atrial fibrillation, pneumonia, meningoencephalitis, seizures, edema in the bilateral lower extremities, palpable purpura, glomerulonephritis, enlarged spleen, anemia, nose bleeds, pancytopenia, chronic thrombocytopenia, pulmonary edema, psychosis, diplopia, hemoptysis, dyspnea, bronchiolitis, pneumonitis, sepsis, pseudomonas bacteremia, neutropenia, leukopenia, mood changes, and neurocognitive disorder" as a result of Hepatitis B vaccinations he received on April 22, 2014 and May 22, 2014. Pet. at 1, ECF No. 1.

Petitioner passed away on September 3, 2017. Pet'r Ex. 21, ECF No. 45. His daughter, the sole beneficiary of his estate, declined to serve as the petitioner in the case. See Pet'r's Status Rept., ECF No. 47; Order, ECF No. 48; Pet'r Ex. 22, ECF No. 49-1. On January 3, 2018, Respondent filed an unopposed Motion to Dismiss because "[t]here [was] no petitioner to prosecute th[e] claim further." Resp't's Mot. to Dismiss, ECF No. 51. The case was dismissed on January 4, 2018. ECF No. 52.

On February 23, 2018, Petitioner's counsel, Bruce W. Slane, filed an application for attorneys' fees and costs. ECF No. 55. In his application, Mr. Slane requests $40,518.00 in attorneys' fees and $18,620.08 in costs and expenses. Id. at 1. Thus, the total amount requested is $59,138.08. Id. at 2. Respondent filed a response on March 8, 2018. ECF No. 56. In his response, Respondent indicated that "[t]o the extent the special master is treating [P]etitioner's request for attorneys' fees and costs as a motion that requires a response from [R]espondent . . . Respondent is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case." Id. at 2. Respondent recommended that the undersigned "exercise her discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3. Petitioner did not file a reply thereafter. On March 15, 2018, the undersigned requested that Petitioner file additional information in support of his motion for attorneys' fees. ECF No. 57. Petitioner filed the information on March 29, 2018.3 ECF No. 58. This matter is now ripe for consideration.

The undersigned has reviewed the detailed records of time and expenses of Petitioner's counsel, and finds that they are reasonable. In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e), the undersigned finds that Petitioner is entitled to attorneys' fees and costs.

Decisions in the Vaccine Program typically award attorneys' fees and costs in the form of a check payable jointly to petitioners and their counsel. See 42 U.S.C. § 300aa-15(e) (provision allowing for attorneys' fees and costs "as part of [a petitioner's] compensation" under the Act). However, prior decisions have allowed payment to be made directly to a petitioner's attorney where the attorney would be unable to obtain a petitioner's signature on a jointly-payable check. See Goodridge v. Sec'y of HHS, No. 02-320V, 2014 WL 3973905, at *2-*6 (Fed. Cl. Spec. Mstr. 2014) (analyzing the statutory language, precedent, and policy reasons which justify the issuance of an attorneys' fee award directly to an attorney); Gitesatani v. Sec'y of HHS, No. 09-799V, 2011 WL 5025006, at *4-5 (Fed. Cl. Spec. Mstr. 2011) (concluding that "awarding attorneys' fees and costs to the attorney when the petitioner is absent and unavailable inheres in the petitioner's right to compensation"); Watson v. Sec'y of HHS, No. 10-882V, 2016 WL 4491492, at *1, *3 (Fed. Cl. Spec. Mstr. 2016) (granting relief where a jointly-payable check was awarded but counsel advised that petitioner "refused to endorse it"); see also Ortiz-Mutilitis v. Sec'y of HHS, No. 03-59V, 2012 WL 3902472, at *4 n.9 (Fed. Cl. Spec. Mstr. 2012) (denying relief from judgment where a check was jointly-payable, but noting that a special master may award attorney fees and costs directly to counsel in certain circumstances).

Neither party addressed whether the payment in this case should be made directly to Petitioner's counsel. However, this case was dismissed because Petitioner died and no eligible person wanted to prosecute the claim further. Therefore, the undersigned finds that the attorneys' fees and costs should be awarded to Petitioner's counsel alone. Accordingly, the undersigned hereby awards the amount of $59,138.08,4 in the form of a check made payable to Petitioner's counsel, Bruce W. Slane, of the Law Office of Bruce W. Slane, P.C. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.5

IT IS SO ORDERED.