UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On August 20, 2015, 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 suffered Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine administered on September 29, 2012. Petition at 1. On October 13, 2017, the undersigned issued a decision awarding compensation to petitioner based on the respondent's proffer. (ECF No. 59).

On April 16, 2018, petitioner filed a motion for attorneys' fees and costs. (ECF No. 65). Petitioner requests attorneys' fees in the amount of $35,870.60 and attorneys' costs in the amount of $19,637.26. Id. at 1-2. Additionally, in compliance with General Order #9, petitioner filed a signed statement indicating that petitioner incurred $42.07 in out-of-pocket expenses. Id. at 2. Thus, the total amount requested is $55,507.86.

On April 26, 2018, respondent filed a response to petitioner's motion. (ECF No. 66). 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 April 30, 2018, petitioner filed a reply. (ECF No. 67). 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 and finds it necessary to reduce the following attorney rates and hours billed.

The undersigned finds it necessary to reduce the hourly rate of Petitioner's counsel Ms. Strait. Petitioner's counsel billed at a rate of $295 for 2015, $306.00 for 2016 and $320.00 for 2017, and $322.00 for 2018. 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 is awarded $300 per hour for work performed in 2016 and $307.00 per hour for work performed in 2017.3 This results in a reduction of $584.80.4

Upon review of the billing records submitted, it appears that a number of entries are for tasks considered clerical or administrative overhead. 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 6.3 hours5 was billed by paralegals and attorneys on tasks considered administrative including, verifying addresses, organizing the client file, listening to voicemails and coordinating private process services. For these reasons the undersigned will reduce the attorney's fees request in the amount of $748.00.6

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 $54,175.067 as follows:

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

IT IS SO ORDERED.