Background - Petitioner D.S. filed a Vaccine Act petition alleging Miller-Fisher variant Guillain-Barré Syndrome from an HPV vaccine dose; entitlement was awarded based on respondent’s proffer and final damages decision in March 2017. - Petitioner sought $154,306.50 in attorneys’ fees and $42,244.35 in counsel-incurred costs (later adjusted to $157,169.60 in fees and $44,244.35 in costs) plus $16,560.82 in petitioner’s out-of-pocket expenses. - Respondent stated statutory requirements for fees were met but left the reasonableness and amount to the special master’s discretion. - The special master applied the lodestar method (hours × reasonable rates) and reviewed requested hourly rates, hours, and costs for counsel, paralegal, and a life-care planner expert. - Reductions were made for excessive client and inter-office communications, billing for administrative/clerical tasks, duplicative entries, hours spent on a fee dispute with former counsel, time spent responding to a fee-clarification order, and certain non-compensable petitioner expenses. - Final award: $170,070.65 for attorneys’ fees and costs (paid jointly to petitioner and counsel) and $7,307.94 to petitioner for out-of-pocket expenses, totaling $177,378.59. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---:|---| | Are requested hourly rates reasonable? | Roquemore and staff rates (e.g., $365–$400 for attorney; $125–$135 for paralegal) are appropriate given experience | Respondent did not contest rates; left amount to special master | Rates were found reasonable and awarded in full | | Are hours billed reasonable (including client and inter-office communications)? | Counsel billed detailed time for client drafts/revisions and communications | Respondent deferred to special master discretion | Reduced hours: excessive client and inter-office communications found; overall 10% reduction for billing deficiencies; specific reductions applied | | Are administrative/clerical tasks and duplicative entries compensable? | Counsel billed for administrative tasks and overlapping entries by attorney and paralegal | Respondent did not dispute; special master to assess | Administrative/clerical entries not compensable; duplicative entries reduced; part of 10% deduction and specific disallowed entries | | Are claimed costs (life-care planner fees, travel, petitioner supplies) reasonable? | Life-care planner sought $250/hr and 149.6 hrs; petitioner sought $16,560.82 in personal expenses including scanners and office supplies | Respondent did not contest entitlement generally | Life-care planner rate allowed but travel time paid at half and 10% reduction for billing deficiencies; many petitioner supply and unrelated travel costs disallowed; some disputed costs tied to former counsel excluded | ### Key Cases Cited Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (approving lodestar approach under Vaccine Act) Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar formulation: hours × reasonable rate) Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (special masters may rely on experience to reduce hours/rates) Missouri v. Jenkins, 491 U.S. 274 (U.S.) (clerical/secretarial tasks are overhead and not separately billable) Bennett v. Dep't of Navy, 699 F.2d 1140 (Fed. Cir.) (attorneys may not separately charge for clerical work) Broekelschen v. Sec'y of Health & Human Servs., 102 Fed. Cl. 719 (Fed. Cl.) (no line-by-line necessity; courts may reduce fees using experience) * Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (Fed. Cl.) (special master may reduce fees sua sponte without prior notice)