Johnson v. Secretary of Health and Human Services
15-602
| Fed. Cl. | Sep 22, 2017Background
- Petitioner Elizabeth Johnson filed a Vaccine Act claim alleging Guillain-Barré syndrome and chronic inflammatory demyelinating polyneuropathy after a 2014 influenza vaccine; compensation was awarded by stipulation on April 10, 2017.
- After entitlement, petitioner sought attorneys’ fees and costs: $29,431.80 in fees and $17,111.88 in costs (no out-of-pocket expenses by petitioner).
- Respondent declined to contest entitlement to fees but asked the Special Master to exercise discretion in determining a reasonable amount.
- Petitioner’s counsel, Gary Krochmal, billed 70.92 hours; he has over 31 years’ experience but limited Vaccine Program experience.
- Special Master reviewed billing, reduced counsel’s hourly rate (to $385 for pre-2017 work and $395 for 2017 work) because of limited Vaccine Program experience, and reduced expert travel time billing by 50%.
- The Special Master awarded a lump sum of $42,739.83 jointly payable to petitioner and counsel, reflecting those reductions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to attorneys’ fees and costs under the Vaccine Act | Johnson sought full fees and costs incurred after successful claim | Respondent did not contest entitlement; deferred to Special Master on reasonableness | Entitlement satisfied; fees and costs awarded as reasonable in part after adjustments |
| Whether counsel’s requested hourly rate was reasonable | Counsel requested $415/hour reflecting long practice | Respondent left rate determination to Special Master; noted no role in fee resolution | Reduced rate to $385 (pre-2017) and $395 (2017) due to limited Vaccine Program experience |
| Whether billed hours should be reduced for reasonableness | Petitioner requested all billed hours (70.92) | Respondent recommended Special Master discretion on hours | No reduction to billed hours; all requested hours allowed |
| Whether expert travel time should be compensated at billed rate | Petitioner’s expert billed 21.3 travel hours at $165/hr | Respondent silent on travel-rate specifics; left to Special Master | Travel time awarded at 50% of expert rate, reducing costs by $1,757.25 |
Key Cases Cited
- Beck v. HHS, 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards encompass all charges and prevent counsel from collecting additional fees beyond award)