Delson v. Secretary of Health and Human Services
16-962
| Fed. Cl. | Dec 11, 2017Background
- Petitioner Niki Delson filed a Vaccine Act petition alleging a SIRVA (shoulder injury) from a September 8, 2015 influenza vaccination and received compensation based on respondent’s proffer on January 31, 2017.
- Petitioner subsequently moved for attorneys’ fees and costs on March 30, 2017, seeking $23,711.00 in fees and $1,981.30 in costs.
- Respondent stated she had no role in resolving the fee request but agreed that statutory requirements for an award were met and left the amount to the Chief Special Master’s discretion.
- The Chief Special Master applied precedent from Henry v. HHS (addressing the McLaren firm’s hourly rates) and reviewed the billing records for reasonableness.
- The Special Master reduced certain entries: travel time billed at full rate was cut to 50%; several 2016–2017 hourly rates for attorneys and paralegals were adjusted down consistent with Henry.
- After reductions, the Special Master awarded a lump sum of $23,080.30 (fees plus costs), payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory requirements for an award of attorneys’ fees and costs are met | Fees and costs are recoverable under the Vaccine Act; petitioner complied with General Order #9 and sought requested amounts | Respondent asserted she has no role in determining amounts but agreed statutory requirements are satisfied | Special Master found statutory requirements met and proceeded to quantify a reasonable award |
| Whether requested hours and costs are reasonable in amount | Requested 86.2 hours and listed costs are reasonable and necessary | Respondent did not contest reasonableness substantively, deferred to Special Master | Special Master found the overall request reasonable and made limited reductions consistent with precedent |
| Proper compensation for attorney travel time | Travel billed at full hourly rates, with counsel noting some work performed en route | Respondent did not press issue; Special Master applies program practice | Travel time was awarded at 50% of the billing rate, reducing the award by $2,343.00 |
| Appropriate hourly rates for 2016–2017 work for firm personnel | Counsel sought certain 2017 rate increases above Henry rates | Respondent left rate determinations to the Special Master | Special Master reduced several 2016–2017 rates to match Henry precedent, resulting in small aggregate reductions totaling $282.00 |
Key Cases Cited
(There were no officially reported authorities cited in the decision; the Special Master relied on program precedent including Henry v. HHS and on prior Vaccine Program practice regarding travel-time compensation.)