D'Angiolini v. Hhs, 99-578

Petitioner Joseph D’Angiolini sought compensation for alleged hepatitis B vaccine-related chronic fatigue syndrome, SLE, and autoimmune syndrome induced by adjuvants, in a 1999 Vaccine Act case.
This matter spans about 17 years, with prior interim fee awards and a merits decision denying compensation in 2014.
A 2015 interim decision awarded additional fees and costs following a stipulation, and the Federal Circuit affirmed in 2016, ending compensation claims on appeal.
On May 31, 2016, petitioner filed a final fee entitlement motion seeking $51,291.90, primarily for work on the Federal Circuit appeal and related briefs and oral argument.
The court applies the lodestar method, as approved by the Federal Circuit, involving an hours-times-rate initial calculation and a potential adjustment after examining reasonableness.
The court awards $35,000 for fees related to the second fee application and Federal Circuit appeal, with documented costs of $7,954.15 to petitioner and $2,912.75 for a related party, and total awards of $42,954.15 to petitioner’s counsel and $2,912.75 to Cindy D’Angiolini.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the lodestar award for the Federal Circuit appeal is reasonable	D’Angiolini; reasonable hours and rates justify higher award	Respondent; hours were excessive/duplicative and not all work was fresh	Yes; reasonable award of $35,000 for fees and approved costs
Whether duplicative or non-fresh work should be compensated	D’Angiolini's work on opening/reply was necessary for appeal	Respondent; much of the briefs republished earlier work and should be discounted	No; reductions applied for duplication and non-fresh content; only fresh work compensated
Whether costs are adequately documented and recoverable	D’Angiolini's documented costs are reasonable	Respondent; costs must be carefully limited to allowable items	Yes; costs of $7,954.15 and $2,912.75 to related party awarded
Whether the award may include costs incurred by a non-party relative	Cindy D’Angiolini’s costs were necessary and reasonable	Respondent; non-party costs are permissible only if properly documented	Yes; $2,912.75 awarded to Cindy D’Angiolini
Whether the overall fee and cost award is appropriate under 42 U.S.C. § 300aa-15(e)	Total entitlement justified by precedent and lodestar principles	Total should reflect reductions for inefficiencies and duplication	Yes; final award of $42,954.15 to petitioner and $2,912.75 to Cindy authorized

Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (lodestar approach for Vaccine Act fees and potential adjustments)
Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (reasonableness standard and discretion to reduce hours)
Hensley v. Eckerhart, 461 U.S. 424 (U.S. Supreme Court 1983) (guidelines for calculating reasonable attorney's fees)
Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (2011) (no compensation for simple copying/pasting; reasonableness of work)