Hales v. Secretary of Health and Human Services, 14-552

Petitioner Stephen B. Hales alleged the influenza vaccine caused polymyalgia rheumatica and received compensation pursuant to a stipulation resolving the merits.
After the merits decision, Hales sought attorneys’ fees and costs totaling $59,279.32 ($24,065.00 in fees; $35,214.32 in costs), including counsel fees for Douglas Lee Burdette and work by an expert, Dr. Zizic.
The Secretary conceded the statutory entitlement to fees but argued a reasonable total range was $45,000–$55,000, citing comparable Vaccine Program decisions and recommending the special master exercise discretion within that range.
The special master applied the lodestar method (hours × hourly rates), accepting the requested attorney rates ($350 for Burdette, $250 for Kelly Burdette) and found the billed hours reasonable; counsel had eliminated some entries showing billing judgment.
The special master found the expert invoices detailed and well-documented (Dr. Zizic: $400/hr, 80.9 hours) and awarded expert costs in full after assessing qualifications and thoroughness of work.
Considering the Secretary’s proposed range and that counsel could have negotiated, the special master nonetheless awarded the full requested sum of $59,279.32 and ordered payment to petitioner and petitioner’s attorney.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to fees after successful claim	Hales is entitled to reasonable attorneys’ fees and costs under the Vaccine Act	Secretary conceded statutory entitlement	Award granted under 42 U.S.C. §300aa-15(e)
Appropriate hourly rates for counsel	Requested rates ($350 and $250) are reasonable and supported by prior Vaccine Program decisions and McCulloch matrix	Did not directly challenge rates	Rates accepted as reasonable
Reasonableness of hours billed	Hours billed (55.65 by Burdette; 18.35 by K. Burdette) are reasonable; counsel excluded some entries	Did not specifically challenge hours	Hours found reasonable; no reductions made
Expert fees and hours	Dr. Zizic’s $400/hr and 80.9 hours are justified by detailed time logs, thorough reports, and his qualifications	Secretary suggested overall range for total fees but did not challenge expert specifics	Expert fees and hours awarded in full

Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach and two-step fee determination under the Vaccine Act)
Blum v. Stenson, 465 U.S. 886 (1984) (establishes the lodestar formula: reasonable hours multiplied by a reasonable hourly rate)
Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (hours claimed must not be excessive, redundant, or unnecessary)