KAFER v. SECRETARY OF HEALTH AND HUMAN SERVICES
1:23-vv-00905
Fed. Cl.May 19, 2025Background
- Gary Kafer filed a petition under the National Vaccine Injury Compensation Program, alleging a shoulder injury from a 2021 influenza vaccination.
- On April 23, 2024, the Special Master awarded Kafer compensation after the Respondent (Secretary of Health and Human Services) accepted liability.
- Kafer later sought attorney’s fees and costs totaling $23,216.40, including amounts for both current and former counsel.
- Respondent agreed that statutory requirements for a fee award were met but left the determination of amount to the Special Master’s discretion.
- The Special Master reviewed the billing records and found reductions were necessary, especially regarding the hourly rate claimed by the former counsel, Allen D. Place, who was not admitted to the court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of attorney's fees and costs | Requested full fees and costs for both counsel | Satisfied statutory requirements; deferred to court | Partial grant; reduction for former counsel’s rate |
| Proper hourly rate for former counsel not admitted | $350/hour for Allen D. Place | No specific objection | Reduced to $250/hour as Place was not admitted |
| Sufficiency of documentation for costs | All costs documented and claimed in good faith | No objection to costs | Costs found reasonable and awarded in full |
| Calculation method for reasonable fees | Full submitted hours should be accepted | No position; deferred to court | Adjusted award based on discretion and precedent |
Key Cases Cited
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (affirming discretion to reduce excessive, redundant, or unnecessary attorney hours)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (reasonableness standard for attorney's fees)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (2011) (special master not required to do line-by-line fee analysis)
- Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201 (2009) (fee reductions can be made sua sponte by special master)
- Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313 (2008) (billing record requirements for attorney's fees requests)