UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On March 13, 2017, 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 she suffered severe right shoulder pain as a consequence of the influenza ("flu") vaccination she received on or about October 23, 2014. Petition at 1. On May 29, 2018, the undersigned issued a decision awarding compensation to petitioner based on the parties' stipulation. (ECF No. 41).

On June 1, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 45.) Petitioner requests attorneys' fees in the amount of $19,838.00 and attorneys' costs in the amount of $785.65. Id. at 1. In compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket expenses. Id. at 1. Thus, the total amount requested is $20,623.65.

On June 12, 2018, respondent filed a response to petitioner's motion. (ECF No. 46). 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.

Petitioner has filed no reply.

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 exception.

It is clearly established that secretarial work "should be considered as normal overhead office costs included within the attorneys' fee rates." Rochester v. U.S., 18 Cl. Ct. 379, 387 (1989); Dingle v. Sec'y of Health & Human Servs., No. 08-579V, 2014 WL 630473, at *4 (Fed. Cl. Spec. Mstr. Jan. 24, 2014). "[B]illing for clerical and other secretarial work is not permitted in the Vaccine Program." Mostovoy, No. 02-10V, 2016 WL 720969, at *5 (citing Rochester, 18 Cl. Ct. at 387). A total of 3.10 hours of time billed is considered administrative overhead. Examples of this time include December 4, 2015 (0.50 hrs) "Open file, create contact sheet, make labels, etc."; December 15, 2015 (1.40 hrs) "Send medical requests x7 facilities. Research fax numbers for ROI" and March 3, 2017 (0.80 hrs) "Organize records, separate past & present. Scan records, save & rename." (ECF No. 45-2 at 9-10). This time is considered administrative and the undersigned has reduced the request for fees in the amount of $232.50.3

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.

Accordingly, the undersigned awards the total of $20,391.154 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Randall G. Knutson.

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

IT IS SO ORDERED.