Center v. Secretary of Health and Human Services
22-0861V
Fed. Cl.Mar 11, 2025Background
- Kimberly W. Center filed a petition under the National Vaccine Injury Compensation Program, alleging a shoulder injury from an influenza vaccine.
- The court had previously determined she was entitled to compensation based on the respondent’s proffer.
- Petitioner subsequently moved for attorney’s fees and costs totaling $11,575.87.
- The U.S. Secretary of Health and Human Services agreed the statutory requirements were met for awarding fees and costs but left the amount to the special master’s discretion.
- After reviewing the billing records, the court found the hourly rates requested exceeded prior awards and imposed a reduction in fees.
- The court ultimately awarded $9,812.87 in combined attorney’s fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate Hourly Rates | Rates requested reflected value of work | Defer to special master's discretion | Reduced rates to match previous awards |
| Reasonableness of Fees | Fees and hours billed were reasonable | No objection to rate or hours; defer | Minor reduction to hours/rate applied, not hours |
| Sufficiency of Documentation | Full documentation submitted | No objection presented | Documentation sufficient, no further reductions |
| Attorney Costs | All costs reasonable and documented | No objection to costs | All costs awarded in full |
Key Cases Cited
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master has discretion to reduce fee request for excess, redundant, or unnecessary billing)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (attorney should exclude excessive or unnecessary hours from fee application)
- Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482 (1991) (burden is on petitioner to establish reasonableness of fee and cost requests)
- Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313 (2008) (requirement for detailed contemporaneous billing records)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (2011) (no line-by-line analysis needed for fee reduction)
- Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201 (2009) (special master may reduce fee request without notice to petitioner)