UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On January 27, 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 alleges that O.G.R. was diagnosed with encephalopathy following receipt of Hepatitis A, Haemophilus influenza type B, measles, mumps and rubella (MMR), Prevnar, and varicella vaccinations on February 13, 2013. Petition at 2. On November 20, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 58).

On February 27, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 64). Petitioner requests attorneys' fees in the amount of $51,470.20 and attorneys' costs in the amount of $16,371.77. (Id. at 1-2). 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 $67,841.97.

On March 19, 2018, respondent filed a response to petitioner's motion. (ECF No. 65). 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 March 21, 2018, petitioner filed a reply. (ECF No. 66). Petitioner disputes respondent's position that he has no role in resolving attorneys' fees and costs and further reiterates his view that his attorneys' fees and costs in this case are reasonable.

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 hours or rates with the following exceptions.

The undersigned finds it necessary to reduce the hourly rate for attorney, Danielle A. Strait. Ms. Strait billed at a rate of $320.00 for her work performed in 2017. This amount exceeds the rate previously awarded for Ms. Strait. See Liggett v. Sec'y of Health & Human Servs., No. 15-526V (Fed. Cl. Spec. Mstr. Aug. 3, 2017; Schultheis v. Sec'y of Health & Human Servs. No. 13-781, 2017 WL 2825819 (Fed. Cl. Spec. Mstr. June 5, 2017); Hogan on behalf of S.M.H. v. Sec'y of Health & Human Servs., No. 13-780V, 2017 WL 3585648 (Fed. Cl. Spec. Mstr. Jul. 24, 2017). As is consistent with other cases in this program, Ms. Strait's rate is reduced to $307.00 per hour for her time billed in 2017. This results in a reduction of $2.60.

Petitioner requests a total of $8,790.00 in expert costs to compensate Lynn Trautwein, R.N., retained as a life care planner for this case. "Fees for experts are subject to the same reasonableness standard as fees for attorneys." See Baker v. Sec'y of Health & Human Servs., 99-653V, 2005 WL 589431, at *1 (Fed. Cl. Spec. Mstr. Feb 24, 2005). The undersigned finds it necessary to reduce petitioner's request for costs regarding Ms. Trautwein as it related to travel time, administrative work and vagueness in billing entries.

In the Vaccine Program, special masters traditionally have compensated time spent traveling when no other work was being performed at one-half an attorney's hourly rate. See Hocraffer v. Sec'y of Health & Human Servs., No. 99-533V, 2011 WL 3705153, at *24 (Fed. Cl. Spec. Mstr. July 25, 2011); Rodriguez v. Sec'y of Health & Human Servs., No. 06-559V, 2009 WL 2568468, at *21 (Fed. Cl. Spec. Mstr. Jul. 27, 2009); English v. Sec'y of Health & Human Servs., No. 01-61V, 2006 WL 3419805, at *12-13 (Fed. Cl. Spec. Mstr. Nov. 9, 2006). Ms. Trautwein billed a total of 21.5 hours for travel time including travel to & from airport, flight time and drive time to petitioners home. As Ms. Trautwein held to the same reasonableness as attorneys in the program, the undersigned will reduce the hours billed for travel by 50% reducing the request for costs by $1,612.50.

Ms. Trautwein's invoice contains multiple entries for work that is not related to her role as a life care planner and would be more appropriately classified as administrative overhead. These entries include researching travel information, faxing correspondence and scheduling times to discuss matters with parties unknown to the case.3 For example a total of 1.4 hours of time was billed on 10/26/16 and 11/15/16 to "research airfare", "email ginger re: proposed flights", "research car rental" and "mapquest". (ECF No. 64-2 at 122). Additional examples include emails on 2/24/17 and 3/13/17 between Ms. Trautwein and a party listed as "Ginger" to schedule time to talk. The entry is vague and unclear as to whom Ginger is in relation to this case and the content of the scheduled conversation. (Id. at 123). As discussed above, it is well established that attorneys cannot bill for administrative tasks, and this principle also extends to expert witnesses. In addition to the entries listed above, many of the billing entries are so vague that the undersigned cannot decipher the work performed or its necessity to the case. The undersigned will therefore reduce the request for costs by $525.00.

Based upon the above analysis, a review of the fees & costs, and the undersigned's experience, petitioner's application for attorneys' fees and costs is reduced by a total of $2,140.10.

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 in part petitioner's motion for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $65,701.874 as follows:

The clerk of the court shall enter judgment in accordance herewith.5

IT IS SO ORDERED.