Johnson v. Secretary of Health and Human Services
17-1810
Fed. Cl.Mar 3, 2020Background
- Petitioner Jeffrey L. Johnson filed a Vaccine Act petition on Nov. 11, 2017, alleging Guillain–Barré syndrome from a pneumococcal (Prevnar) vaccine received April 28, 2016.
- Parties filed a stipulation adopting compensation on Sept. 24, 2019; special master entered decision awarding compensation that day.
- Petitioner sought attorneys’ fees and costs on Oct. 3, 2019: $67,723.98 total ($56,438.50 fees; $11,285.48 costs). Respondent filed a response stating no objection to statutory entitlement.
- Special master applied the lodestar method, reviewed hourly rates and detailed billing entries, and identified several reductions for excessive or unsupported entries.
- Specific adjustments: reduced Mr. Tierney’s 2018 rate from $238 to $200 (-$7.60); reduced Rawls paralegal 2019 rate from $159 to $156 (-$14.10); reduced pre-petition paralegal hours by 5% (-$890.60); total fee reduction $912.30.
- Special master awarded $55,526.20 in attorneys’ fees and $11,285.48 in attorneys’ costs, for a joint award of $66,811.68 payable to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Petitioner sought full reasonable fees and costs after obtaining compensation. | Respondent conceded statutory requirements met; no objection to awarding fees/costs. | Fees and costs awarded because petitioner received compensation; respondent raised no entitlement objection. |
| Hourly rates for counsel | Requested rates for primary attorneys consistent with prior Vaccine Program awards; requested Mr. Tierney $238/hr for 2018. | Respondent raised no objection. | Approved primary counsel rates; reduced Tierney’s 2018 rate to $200/hr (decrease $7.60). |
| Paralegal rates and billed hours | Rawls Law paralegals billed substantial time (125.2 hours pre-petition) at $159/hr (2019). | Respondent did not object; special master reviewed for reasonableness. | Reduced 2019 paralegal rate to $156/hr (-$14.10) and reduced pre-petition paralegal time by 5% (-$890.60) for excessive/clerical entries. |
| Attorneys’ costs and expert fees | Requested $11,285.48 for records, filing fee, and expert Dr. Gershwin ($500/hr; 16 hrs). | Respondent raised no objection. | Awarded full costs as requested, but cautioned that Dr. Gershwin’s invoice lacked sufficient contemporaneous detail and must be improved in future filings. |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorses lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (defines lodestar formula: reasonable hours × reasonable rate)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters may reduce hours in their experience and judgment)
- Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313 (2008) (fee requests must include contemporaneous, specific billing records)
- Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201 (2009) (special master may reduce fees sua sponte without further briefing)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (2011) (no requirement for line-by-line fee reduction; reliance on special master experience)
- Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482 (1991) (special masters may rely on prior experience to evaluate reasonable hours and rates)