Carlson v. Secretary of Health and Human Services
15-909
| Fed. Cl. | Mar 9, 2017Background
- Petitioner Dennis Carlson filed a Vaccine Act petition alleging right-shoulder SIRVA after a flu vaccine on November 3, 2014; compensation was awarded based on Respondent’s proffer on December 1, 2015.
- Petitioner moved for attorneys’ fees and costs seeking $20,764.00 (fees) and $2,512.26 (costs), total $23,276.26.
- Respondent did not contest statutory entitlement but suggested a reasonable range of $13,000–$15,000 based on a limited sample of similar cases.
- The Special Master reviewed billing records and applied reasoning from a contemporaneous decision (Henry v. HHS) regarding appropriate forum rates and reductions.
- The Special Master reduced attorney travel time by 50% (reducing $2,802.50) and slightly adjusted 2016 paralegal/law clerk billing ($4.50), otherwise approving requested hours and rates.
- The court awarded $17,957.00 in adjusted attorneys’ fees plus $2,512.26 in costs, for a lump-sum award of $20,469.26, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees/costs under the Vaccine Act | Carlson sought full requested fees and costs; no out-of-pocket expenses claimed | Respondent accepted statutory entitlement but recommended a lower reasonable amount ($13k–$15k) | Entitlement satisfied; fees and costs awarded (adjusted amount granted) |
| Appropriate hourly rates (forum rates) | Counsel requested forum rates consistent with firm’s usual rates | Respondent provided no targeted objection to specific rates | Forum rates adopted consistent with Henry decision; rates largely approved |
| Billing for attorney travel time | Petitioner billed travel hours at full rate (some work done en route) | Respondent did not specifically object but advocated overall lower award | Travel time compensated at 50% of billing rate; 50% reduction applied |
| Paralegal/law clerk 2016 rates | Petitioner billed 2016 paralegal/law clerk hours at requested rate | Respondent offered no detailed rates objection | Small reduction applied consistent with Henry decision (net $4.50 reduction) |
Key Cases Cited
- Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act encompass all legal expenses and preclude additional client charges)