UNPUBLISHED

DECISION ON ATTORNEYS' FEES AND COSTS1

THOMAS L. GOWEN, Special Master.

On August 29, 2019, Eardeal Miller ("Petitioner") filed a motion for attorneys' fees and costs. Petitioner's Motion for Attorney Fees ("Fees App.") (ECF No. 63). For the reasons discussed below, the undersigned GRANTS Petitioner's motion for attorneys' fees and costs and awards a total of $34,910.13.

I. Procedural History

On November 23, 2016, Petitioner filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that an influenza vaccination she received on or about December 6, 2015, caused her to suffer a shoulder injury related to vaccine administration ("SIRVA"). On June 24, 2019, the parties filed a stipulation, which I adopted as my Decision awarding damages on the same day. Decision, ECF No. 72.

On August 29, 2019, Petitioner filed a motion for attorneys' fees and costs. Petitioner requests compensation for her counsel in the total amount of $35,171.63, representing $33,844.75 in attorneys' fees and $1,326.88 in costs. Fees App. at 4. Pursuant to General Order No. 9, Petitioner warrants that she has not personally incurred any costs in pursuit of this litigation. Fees App. Ex. 5. Respondent reacted to the fees motion on September 1, 2019, indicating that "Respondent is satisfied the statutory requirements for an award of attorneys' fees and costs are met in this case" and recommending that "the special master exercise his discretion and determine a reasonable award for attorneys' fees and costs." Response at 2-3 (ECF No. 78). Petitioner did not file a reply thereafter. The matter is now ripe for adjudication.

II. Analysis

Under the Vaccine Act, the special master may award reasonable attorneys' fees and costs for a petition that does not result in an award of compensation, but was filed in good faith and supported by a reasonable basis. § 300aa-15(e)(1). In this case, Petitioner was awarded compensation pursuant to a stipulation, and therefore she is entitled to an award of reasonable attorneys' fees and costs.

Petitioners "bea[r] the burden of establishing the hours expended, the rates charged, and the expenses incurred" are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is filed. Id. at 484 n. 1. The special master has the discretion to reduce awards sua sponte, independent of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201, 208-09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008), aff'd No. 99-537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008).

a. Attorneys' Fees

Petitioner requests the following rates of compensation for her attorneys: for Mr. M. Clay Ragsdale, $400.00 per hour for work performed in 2017, $420.00 per hour for work performed in 2018, and $440.00 per hour for work performed in 2019; and for Ms. Allison Riley, $270.00 per hour for work performed in 2017, $290.00 per hour for work performed in 2018, and $305.00 per hour for work performed in 2019. Fees App. at 3.

Mr. Ragsdale's rates have previously been discussed in greater detail by other special masters. See Douglas v. Sec'y of Health & Human Servs., No. 14-1226V, 2019 WL 3814396 (Fed. Cl. Spec. Mstr. Jul. 25, 2019); Brown v. Sec'y of Health & Human Servs., No. 17-253V, 2018 WL 5095121, at *2 (Fed. Cl. Spec. Mstr. Sept. 6, 2018). Consistent with the well-reasoned analysis in these decisions, I will also compensate Mr. Ragsdale at $410.00 per hour for his work in 2018, and at $420.00 per hour for his work performed in 2019. The rates requested for Ms. Riley and Ragsdale LLC paralegals appear to be reasonable and require no adjustment. Accordingly, the final award of attorneys' fees is reduced by $261.50.3

Turning next to review of the submitted billing statement, I find that the overall hours spent on this matter appear to be reasonable. The entries are reasonable and accurately describe the work being performed and the length of time it took to perform each task. Respondent also has not identified any particular entries as being objectionable. Therefore, Petitioner is entitled to final attorneys' fees of $33,583.25.

b. Attorneys' Costs

Like attorneys' fees, a request for reimbursement of costs must be reasonable. Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests total attorneys' costs in the amount of $1,326.88. Fees App. at 3. This amount is comprised of acquiring medical records, postage, mileage, petitioner's hotel and transportation for the hearing, and court transcripts. The undersigned has reviewed the requested attorneys' costs and all appear reasonable and have been supported by adequate documentation. Petitioner is therefore entitled to the full amount of costs sought.

III. Conclusion

In accordance with the foregoing, Petitioner's motion for attorneys' fees and costs is GRANTED. I find that Petitioner is entitled to a reimbursement of attorneys' fees and costs as follows:

Accordingly, I award a lump sum in the amount of $34,910.13, representing reimbursement for Petitioner's attorneys' fees and costs, in the form of a check payable to Petitioner and her attorney, Mr. M. Clay Ragsdale.4

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.5

IT IS SO ORDERED.