Davis v. Secretary of Health and Human Services, 15-716

Petitioner Katie Davis filed a Vaccine Act petition on behalf of her minor son J.L.D. alleging neurologic injuries following multiple childhood vaccines administered in 2013–2014.
Respondent initially filed a Rule 4(c) report opposing compensation, but the parties ultimately reached a stipulated settlement, which the Special Master approved on September 22, 2016.
Petitioner moved for attorney’s fees and costs totaling $38,609.98 (fees $34,971.50; costs $3,234.98), and reported $403.50 in petitioner-paid expenses.
Respondent filed a response declaring the statutory requirements for an award (good faith and reasonable basis) satisfied and raised no specific objections to the requested amount or rates.
The Special Master applied the lodestar framework and McCulloch-guided rate ranges, adopted prior forum rates from Henry for the McLaren firm, reduced the 2016 paralegal rate from $150 to $145, and reduced travel-time billing to 50% for attorney travel.
After adjustments, the Special Master awarded a total of $35,692.98: $403.50 to petitioner (out-of-pocket expenses) and $35,289.48 jointly to petitioner and counsel for attorneys’ fees and costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorney’s fees and costs under §15(e)	Fees are warranted because petition was filed in good faith and had reasonable basis; settlement reached	Respondent stated statutory requirements satisfied and made no specific objections to amount	Award granted under §15(e); statutory prerequisites met because parties settled and respondent concurred
Appropriate hourly rates for attorneys and paralegals	Requested McLaren firm rates for 2014–2016 consistent with prior awards and counsel experience	No objection to the requested rates in respondent’s filing	Adopted forum rates from Henry; granted requested attorney rates; reduced 2016 paralegal rate from $150 to $145
Billing for attorney travel time	Travel time billed at full hourly rate by attorney Webb	Program practice reduces travel compensation; no specific objection filed but Special Master applies precedent	Travel-time compensation reduced to 50% of hourly rate, resulting in $2,891 fee reduction
Overall reasonableness and duplication of hours	Detailed time records show reasonable hours; requested total is appropriate	No specific objections to hours or totals	Except for the paralegal-rate and travel-time reductions, hours and totals accepted; final award $35,692.98

Perreira v. Sec’y of HHS, 27 Fed. Cl. 29 (Fed. Cl. 1992) (special masters have discretion in awarding fees)
Perreira v. Sec’y of HHS, 33 F.3d 1375 (Fed. Cir. 1994) (affirming special master discretion)
Saxton ex rel. Saxton v. Sec’y of HHS, 3 F.3d 1517 (Fed. Cir. 1993) (special masters may rely on experience in reviewing fee applications)
Broekelschen v. Sec’y of HHS, 102 Fed. Cl. 719 (Fed. Cl. 2011) (no requirement for line-by-line fee reductions)
Blanchard v. Bergeron, 489 U.S. 87 (U.S. 1989) (lodestar method—reasonable hours times reasonable rate)
Beck v. Sec’y of HHS, 924 F.2d 1029 (Fed. Cir. 1991) (award covers all legal charges and prevents additional collection by counsel)