Jones v. Secretary of Health and Human Services
20-0523V
Fed. Cl.May 20, 2025Background
- Edgar Jones filed a petition under the National Vaccine Injury Compensation Program, alleging injury from a flu vaccine received in 2018.
- The parties reached a joint stipulation, and the court awarded compensation to Jones in February 2024.
- Jones' counsel sought $20,810.29 in attorneys’ fees and costs following the compensation award.
- The government did not challenge the statutory criteria for awarding fees and costs but asked the court to exercise its discretion in determining reasonableness.
- The Special Master reviewed the hours billed and the hourly rates, applying reductions for administrative tasks.
- The total attorneys’ fees and costs awarded were $20,448.49, with a $361.80 reduction for clerical work.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys' fees | Fees should be awarded as petitioner prevailed and fees are reasonable | Satisfied statutory requirements are met; defer to court on reasonableness | Petitioner entitled to recover reasonable attorneys' fees |
| Reasonable hourly rates | Proposed rates align with court-accepted standards for experience | No objection to rates; defer to court's discretion | Proposed rates found reasonable |
| Reasonable number of hours billed | All billed hours should be compensated | Hours for administrative tasks should be reduced | Reduction for administrative tasks applied |
| Reasonableness of costs | Costs are documented and necessary | No objection; costs are documented | Full requested costs awarded |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (adopts the lodestar method for calculating reasonable attorneys’ fees under the Vaccine Act)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters have broad discretion in determining fee reasonableness)
- Blum v. Stenson, 465 U.S. 886 (1984) (reasonable fee determined by prevailing market rates for comparable legal services)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (fees should not include excessive, redundant, or unnecessary hours)