UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On November 15, 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 he suffered an injury to his left shoulder caused by his influenza vaccine administered on October 24, 2015. On June 29, 2017, the undersigned issued a decision awarding compensation to petitioner based on respondent's Proffer. (ECF No. 25.)

On September 8, 2017, petitioner filed a motion for attorneys' fees and costs. (ECF No. 30.) Petitioner requests attorneys' fees in the amount of $14,408.70 and attorneys' costs in the amount of $990.01. (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 $15,398.71.

On October 5, 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 October 9, 2017, petitioner filed a reply. (ECF No. 32.) Petitioner argues that respondent's position regarding the fee application is overly burdensome on the Court and prejudices petitioner. (Id. at 2.) Petitioner also argues that he has met his burden of establishing reasonable fees and costs, and as such his attorneys' fees and costs should be paid. (Id. at 3-4.)

The undersigned has reviewed the billing records submitted with petitioner's request. In the undersigned's experience, the request appears reasonable, except for the necessary reduction discussed below.

On January 6 and January 7, 2017, Mr. Kalinowski billed a total of 8.1 hours of travel at his full hourly rate. (ECF No. 30-2 at 5.) Consistent with routine practice in this program, the undersigned reduces petitioner's counsel's hourly rate for this travel time rate by 50%. See, e.g., Hocraffer v. HHS, No. 99-533V, 2011 WL 3705153, at *24 (noting that "Special masters consistently award compensation for travel time at 50% of the billing rate in the Vaccine Program."); J.L.D. v. HHS, No. 15-716V, 2017 WL 563189, at *4 (Fed. Cl. Spec. Mstr. Jan. 18, 2017) ("Upon further review of the billing records, I noted that [petitioner's counsel] billed a total of 19.6 hours of travel time in 2015. While an attorney may bill for work performed while traveling, special masters consistently award compensation for travel time at 50% of the billing rate in the Vaccine Program." (internal citation omitted)). Accordingly, the undersigned reduces petitioner's fee award by $1,449.90 (($358-$179)*8.1=$1,449.90).

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 with the reduction discussed above.

Accordingly, the undersigned awards the total of $13,948.813 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Isaiah Kalinowski.

The clerk of the court shall enter judgment in accordance herewith.4

IT IS SO ORDERED.