Comeau v. Secretary of Health and Human Services, 19-198

Petitioner Arnold Leo Comeau, Jr. filed a Vaccine Act petition on Feb. 4, 2019, alleging Guillain-Barré syndrome from a Feb. 2, 2016 influenza vaccine.
Parties filed a stipulation and the Special Master adopted it, awarding compensation on Nov. 30, 2020.
Petitioner sought final attorneys’ fees of $18,008.50 on Mar. 10, 2021; no costs were requested.
Respondent stated it was satisfied that statutory requirements for a fee award were met and did not oppose the fee petition.
The Special Master reduced requested hourly rates for counsel (Bradley S. Freedberg and Gurney Pearsall III) to align with OSM Fee Schedules and prior awards, and reduced fees for attorney-rate billing of clerical/paralegal tasks.
After reductions totaling $4,461.50, the Special Master awarded $13,547.00 in attorneys’ fees, payable jointly to Petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Reasonableness of Mr. Freedberg's hourly rates	Freedberg sought $484/hr for 2019–2021.	Respondent did not oppose fee award generally.	Awarded $390/hr (2019), $410/hr (2020), $455/hr (2021); total reduction $1,768.25.
Reasonableness of Mr. Pearsall's hourly rates	Pearsall sought $350/hr for 2020–2021.	No opposition on specifics from Respondent.	Awarded $255/hr (2020) and $270/hr (2021); total reduction $2,193.25.
Hours billed for administrative/clerical tasks billed at attorney rates	Counsel billed for tasks such as faxing and bates-stamping at attorney rates.	No substantive dispute; Respondent accepted statutory entitlement only.	Reduced fee award by $500 to account for attorney-rate billing of administrative tasks.
Final fee award amount and payment	Requested $18,008.50 total.	Respondent satisfied statutory basis for award; no contest.	Total attorneys’ fees awarded: $13,547.00; lump sum check jointly to Petitioner and counsel.

Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (standard for fee entitlement under Vaccine Act)
Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (prevailing market rate standard for reasonable hourly rates)
Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master discretion on fee reasonableness)
Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours must be reasonable; exclude excessive or redundant time)
Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008) (requirement for contemporaneous, specific billing records)
Hines v. Sec'y of Health & Human Servs., 22 Cl. Ct. 750 (Cl. Ct. 1991) (wide latitude for special masters on fee reasonableness)
Rochester v. United States, 18 Cl. Ct. 379 (Ct. Cl. 1989) (billing for clerical/administrative tasks is not compensable at attorney rates)