UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

KATHERINE E. OLER, Special Master.

On September 1, 2016, Darla Shaffer ("Petitioner"), filed a petition for compensation in the National Vaccine Injury Compensation Program ("the Program"),2 alleging that she suffered from Type I Chronic Regional Pain Syndrome ("CRPS") as a result of receiving a trivalent influenza ("flu") vaccine on September 17, 2014. Petition ("Pet.") at 1, ECF No. 1. On January 16, 2017, Respondent filed a Rule 4(c) Report stating that compensation is appropriate in this case. ECF No. 9 at 6. On July 20, 2017, Respondent filed a proffer recommending that compensation be provided to Petitioner in the amount of $227,018.33. See ECF No. 26 at 2. The special master previously assigned to this case issued a Decision on July 21, 2017, adopting Respondent's proffer and awarding compensation. See Decision, ECF No. 27.

I. Relevant Procedural History Regarding Attorneys' Fees and Costs

This case was transferred to my docket on December 7, 2017. See ECF Nos. 33-34. On December 14, 2017, Petitioner filed a motion for attorneys' fees and costs (AFC Motion), requesting $37,942.00 in attorneys' fees, and $634.55 in attorneys' costs,3 for a total of $38,576.55. Petitioner's ("Petr's") Application ("App.") dated December 14, 2017, ECF No. 35 at 8. In accordance with General Order #9, Petitioner filed a signed statement indicating that she incurred out-of-pocket litigation expenses in the amount of $10.00. See Ex. 8, General Order #9 Statement, ECF No. 35-8. Petitioner also seeks reimbursement of those out-of-pocket expenses. See AFC Motion at 8.

On December 15, 2017, Respondent filed a response to Petitioner's AFC motion. Respondent's Response, dated December 15, 2017, ECF No. 36. 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. Additionally, he "respectfully recommends that [I] exercise [my] discretion and determine a reasonable award for attorneys' fees and costs." Id. at 3.

Petitioner did not file a reply. This matter is now ripe for a decision.

II. Applicable Law and Discussion

The Vaccine Act permits an award of "reasonable attorneys' fees" and "other costs." § 15(e)(1). If a petitioner succeeds on the merits of his or her claim, the award of attorneys' fees and costs is automatic. Id.; see also Sebelius v. Cloer, 569 U.S. 369, 373 (2013). Thus, as a successful Vaccine Act petitioner, Ms. Shaffer is entitled to a fees and costs award.

I have reviewed the detailed billing records and cost invoices submitted with Petitioner's AFC Motion (see Ex. 1 entitled "Attorney Fees and Costs," ECF No. 35-1), and approve the requested attorneys' fees and costs as being overall reasonable. Petitioner's requested out-of-pocket expenses also appear to be reasonable, and will be awarded in full.

III. Total Award Summary

Accordingly, I award the following amounts:

Payment of this amount represents all attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e). The Clerk of the Court is directed to enter judgment in accordance with this Decision.4

IT IS SO ORDERED.