Auch v. Secretary of Health and Human Services, 12-673

Kathleen J. Auch filed a Vaccine Program petition alleging that a 2009 influenza vaccine caused a generalized polyneuropathic injury; entitlement was denied in a January 13, 2017 decision.
An interim award of attorney’s fees ($46,082.92) had been granted May 20, 2016.
Petitioner filed a final fees application seeking $67,986.66 (fees $40,910.48; costs $27,076.18) plus $976.40 of her own litigation-related expenses.
Respondent declined to contest fee eligibility, stating the statutory requirements for an award were met but generally takes no role in fee disputes.
The special master reviewed requested hourly rates for Mr. Richard Gage and his associates/paralegals, applying prior local-rate determinations (from the interim decision) and CPI adjustments rather than forum rates.
The special master reduced some requested rates and hours where appropriate, awarded expert fees and hearing-related costs in full, and entered a lump-sum award jointly payable to petitioner and counsel, plus a separate payment to petitioner for her personal costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel (Richard Gage) is entitled to forum rates or local (Cheyenne) rates	Seek forum rates comparable to McCulloch ranges and other cited non-Program and district-court authorities supporting higher rates	Respondent did not contest eligibility for fees but did not advocate for forum-rate entitlement; generally no role in fee resolution	Denied forum rates; special master applied previously determined local rates for Mr. Gage and applied CPI adjustments for 2016–17 work
Proper hourly rates for associates (Blum, Spencer)	Requested $350/hr for Blum and $200/hr for Spencer	No substantive opposition from respondent	Awarded local, experience-based rates: Blum $251 (2016) and $253.75 (2017); Spencer $145 (2016) reflecting junior/under-1-year experience
Proper hourly rates for paralegals	Requested $135/hr for paralegals	No substantive opposition	Applied previously awarded paralegal base and CPI adjustments: $113.41 (2016) and $115.11 (2017)
Reasonableness of litigation costs, including expert fees (Dr. Steinman) and hearing travel	Requested $27,076.18 (mostly Dr. Steinman: 48 hrs at $500/hr plus expenses) and additional petitioner-incurred hearing expenses	Respondent raised no objection	Awarded full litigation costs including Dr. Steinman’s fees ($24,000) and related costs, plus $1,305.30 for hearing travel/copying and $976.40 to petitioner for her own expenses

Blum v. Stenson, 465 U.S. 886 (1984) (lodestar and reasonableness principles apply when evaluating attorneys' fees)