UNPUBLISHED

Special Processing Unit (SPU); Attorneys' Fees and Costs.

NORA BETH DORSEY, Chief Special Master.

DECISION ON ATTORNEYS' FEES AND COSTS1

On December 28, 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 he received an influenza ("flu") vaccination on November 21, 2015, and thereafter suffered a shoulder injury. Petition at 1, 2. On November 27, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 33).

On May 7, 2018, petitioner filed an unopposed motion for attorneys' fees and costs. (ECF No. 39).3 Petitioner requests attorneys' fees in the amount of $12,190.10 and attorneys' costs in the amount of $814.59. 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 $13,004.69.

The undersigned has reviewed the billing records submitted with petitioner's request and finds a reduction in the amount of fees to be awarded appropriate for the reasons listed below.

The undersigned finds it necessary to reduce the hourly rate of Petitioner's counsel Ms. Strait. Petitioner's counsel billed at a rate of $300.00 for 2016 and $320.00 for 2017, and $322.00 for 2018. The rate of $300 per hour has been previously awarded to Ms. Strait for work performed in 2016. The undersigned finds the rate of $322.00 for work performed in 2018 reasonable. However, as is consistent with other cases in this program, Ms. Strait's rate is reduced to $307.00 per hour for work performed in 2017.4 This results in a reduction of $247.00.

Upon review of the billing records submitted, it appears that a number of entries are for tasks considered clerical or administrative. In the Vaccine Program, 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, 2016 WL 720969, at *5 (citing Rochester, 18 Cl. Ct. at 387). A total of 1.80 hours5 was billed by paralegals and attorneys on tasks considered administrative including, opening files, organizing documents, and sending correspondence. For these reasons I will reduce the attorney's fees request in the amount of $246.00.6

The full amount of attorney costs requested, $814.59, is awarded.

The Vaccine Act permits an award of reasonable attorneys' fees and costs. § 15(e). Based on the reasonableness of petitioner's request and the lack of opposition from respondent, the undersigned GRANTS petitioner's motion for attorneys' fees and costs.

Accordingly, the undersigned awards the total of $12,511.697 as a lump sum in the form of a check jointly payable to petitioner and petitioner's counsel Danielle A. Strait. Petitioner requests payment be forwarded to Maglio Christopher & Toale, PA, 701 5th Ave., Suite 3505, Seattle, WA 98104.

The clerk of the court shall enter judgment in accordance herewith.8

IT IS SO ORDERED.