Johnson v. Secretary of Health and Human Services
14-113
| Fed. Cl. | Jun 7, 2017Background
- Petitioner Evans Johnson (originally filed by Lynn Johnson for minor E.J.) alleged that an HPV vaccine administered July 15, 2011 caused immune thrombocytopenic purpura.
- Entitlement hearing occurred May 25, 2016; Special Master denied entitlement and dismissed the claim on January 6, 2017.
- An interim attorneys’ fees award of $59,069.69 had been granted earlier for work during the case, including the hearing.
- Petitioner filed a final motion for attorney’s fees and costs on April 21, 2017 seeking $2,976.74 (fees $2,949.00; costs $27.74).
- Respondent did not object to the total amount requested.
- Special Master reviewed rates and time billed, approved the requested hourly rates, but reduced one overbilled time entry by deducting $120.00, resulting in a final award of $2,856.74 payable jointly to Petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether requested hourly rates are reasonable | Requested rates for counsel and paralegal consistent with prior awards | No objection to rates | Rates approved as consistent with prior Vaccine Program awards |
| Whether billed hours are reasonable | All listed hours reflect work performed and are compensable | No objection to overall hours; Respondent reserved no challenge | Hours approved except for one overbilled entry |
| Whether any time entries should be reduced | Time billed for a three-attorney conference as submitted | No objection but court confirmed consistency of entries | Reduced Ciampollilo’s billed time from 0.70 to 0.30 hours, deducting $120.00 |
| Whether final fees/costs award should be paid despite denial of entitlement | Seeks statutory fees/costs under 42 U.S.C. § 300aa-15(e) | Respondent did not oppose payment | Award of $2,856.74 granted and judgment to be entered unless review sought |