(not to be published)

DECISION GRANTING FINAL AWARD OF ATTORNEY'S FEES AND COSTS1

BRIAN H. CORCORAN, Special Master.

On June 6, 2016, Nicholas Edwards filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program").2 Petitioner alleged he suffered from erythema multiforme (including ulcers, blisters, and fatigue) as a result of his June 11, 2013 human papillomavirus vaccine. Petition (ECF No. 1). After litigating the matter for several years, the parties filed a stipulation for award on July 9, 2019, which I adopted as my Decision awarding damages on the same day. Decision (ECF No. 46).

Petitioner has now filed a motion requesting final attorney's fees and costs, dated July 5, 2019 (ECF No. 42) ("Fees App."). Petitioner requests a total award of $45,189.74 (representing $28,506.89 in fees, plus $16,682.85 in costs). Fees App. at 1. Pursuant to General Order No. 9, Petitioner warrants that he has not personally incurred any costs in pursuit of this litigation. ECF No. 47. Respondent reacted to the Fees Motion on July 7, 2019, indicating that he is satisfied that the statutory requirements for an award of attorney's fees and costs are met in this case, and deferring to my discretion to determine the amount to be awarded. Response, ECF No. 43, at 2-3. Petitioner filed a reply on July 12, reiterating his belief that the requested amount for fees and costs was reasonable. Reply, ECF No. 48, at 1.

For the reasons set forth below, I hereby GRANT Petitioner's motion, awarding final attorney's fees and costs in the amount of $45,189.64.

ANALYSIS

Vaccine Program attorneys are entitled to a fees award in successful cases like this one. Determining the appropriate amount of that award is a two-part process. The first part involves application of the lodestar method — "multiplying the number of hours reasonably expended on the litigation times a reasonable hourly rate." Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343, 1347-48 (Fed. Cir. 2008) (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)).3 The second part involves adjusting the lodestar calculation up or down to take relevant factors into consideration. Avera, 515 F.3d at 1348. This standard for calculating a fee award is considered applicable in most cases where a fee award is authorized by federal statute. Hensley v. Eckerhart, 461 U.S. 424, 429-37 (1983).

Petitioner requests the following rates of compensation for his attorney, Mr. Mark Sadaka: $350.00 per hour for work performed in 2014-2015, $362.95 per hour for work performed in 2016, $376.38.00 per hour for work performed in 2017, $396.00 per hour for work performed in 2018, and $406.00 per hour for work performed in 2019. Fees App. at 2. The rates are reasonable and largely identical to what myself and other special master's have previously awarded Mr. Sadaka for his work in those years.4 In addition, I have reviewed the billing entries and otherwise find them to be reasonable. The billing entries describe with sufficient detail the task being performed and the time spent on each task. Respondent has not identified any particular entries as objectionable and upon review, I did not find any entries to be objectionable either. Accordingly, Petitioner is entitled to a final award of attorney's fees of $28,506.79.

I will next turn to costs. Just as they are required to establish the reasonableness of requested fees, petitioners must also demonstrate that requested litigation costs are reasonable. Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992); Presault v. United States, 52 Fed. Cl. 667, 670 (Fed. Cl. 2002). Reasonable costs include the costs of obtaining medical records and expert time incurred while working on a case. Fester v. Sec'y of Health & Human Servs., No. 10-243V, 2013 WL 5367670, at *16 (Fed. Cl. Spec. Mstr. Aug. 27, 2013). When petitioners fail to carry their burden, such as by not providing appropriate documentation to substantiate a requested cost, special masters have refrained from awarding compensation. See, e.g., Gardner-Cook v. Sec'y of Health & Human Servs., No. 99-480V, 2005 WL 6122520, at *4 (Fed. Cl. Spec. Mstr. June 30, 2005).

Petitioner requests $16,682.85 in overall costs. Fees. App. Ex. 1 at 15-16. This amount is comprised of obtaining medical records, the Court's filing fee, postage, and expert work performed by Dr. M. Eric Gershwin for review of medical records and preparation of two expert reports, as well as review of Respondent's expert report. I have reviewed all of the requested costs and find them to be reasonable, and Petitioner has provided adequate documentation supporting them.5 Accordingly, Petitioner is entitled to the full amount of costs requested.

CONCLUSION

The Vaccine Act permits an award of reasonable attorney's fees and costs. 42 U.S.C. § 300aa-15(e). Accordingly, I award a total of $45,189.64 as a lump sum in the form of a check jointly payable to Petitioner and his counsel, Mr. Mark Sadaka, Esq. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk shall enter judgment in accordance with this decision.6

IT IS SO ORDERED.