Fleagle v. Secretary of Health and Human Services
19-370
| Fed. Cl. | Jun 21, 2021Background:
- Petitioner Lorraine Fleagle filed a Vaccine Act petition on March 11, 2019, alleging a shoulder injury (SIRVA) from an influenza vaccine administered on September 17, 2014.
- Respondent proffered; a decision awarding compensation was entered August 31, 2020.
- On April 20, 2021, Petitioner moved for attorney’s fees and costs totaling $20,909.08 ($19,289.30 fees; $1,619.78 costs) and stated she had no out‑of‑pocket expenses.
- Respondent stated statutory requirements were met and deferred the amount determination to the special master.
- The special master reduced Mr. Lawrence Cohan’s hourly rates to $470 (2020) and $484 (2021), leaving 2018 and 2019 rates unchanged, producing a $235.50 reduction.
- The court awarded $20,673.58 ($19,053.80 fees; $1,619.78 costs) as a lump sum jointly payable to Petitioner and counsel.
Issues:
| Issue | Fleagle's Argument | HHS's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Eligible under the Vaccine Act | Statutory requirements satisfied; amount left to special master | Awarded fees and costs |
| Reasonableness of hourly rates | Requested $440(2018), $450(2019), $484(2020), $509(2021) | Did not contest rates; deferred to special master | 2020 reduced to $470; 2021 reduced to $484; 2018–2019 rates upheld |
| Reasonableness of hours billed | Submitted contemporaneous billing records; no hours challenged | No objection to hours; deferred to special master | No reductions to hours; only rate adjustments made |
| Reimbursement of costs | Requested $1,619.78 for records, shipping, filing fee | Did not oppose | Costs awarded in full |
Key Cases Cited
- Hensley v. Eckerhart, [citation="461 U.S. 424"] (1983) (fee awards must exclude excessive, redundant, or unnecessary hours)
- Saxton v. Secretary of Health & Human Services, [citation="3 F.3d 1517"] (Fed. Cir. 1993) (special master may reduce claimed hours using experience and judgment)
- Savin v. Secretary of Health & Human Services, [citation="85 Fed. Cl. 313"] (2008) (fee requests must include contemporaneous, specific billing records)
- Sabella v. Secretary of Health & Human Services, [citation="86 Fed. Cl. 201"] (2009) (special master may reduce fees sua sponte)
- Broekelschen v. Secretary of Health & Human Services, [citation="102 Fed. Cl. 719"] (2011) (no line‑by‑line analysis required for fee reductions)
- Wasson v. Secretary of Health & Human Services, [citation="24 Cl. Ct. 482"] (1991) (burden on petitioner to establish hours, rates, and expenses)