Kelly v. Secretary of Health and Human Services, 15-52

Petitioner Timothy Kelly filed a Vaccine Act claim alleging Guillain-Barré Syndrome following Tdap and influenza vaccines; entitlement was awarded by stipulation on August 4, 2016.
Petitioner sought attorneys’ fees of $44,800.50 and costs of $11,673.32 (total $56,473.82); counsel reported no out-of-pocket expenses by petitioner.
Respondent declined to litigate fee entitlement but stated statutory requirements were met and suggested a reasonable fee range of $26,000–$34,000 without explanation.
The special master reviewed billing records and identified entries billed at attorney rates that reflected paralegal work and compensable attorney time that was actually clerical/administrative.
The special master reduced fees to account for paralegal-rate work and noncompensable administrative tasks, but allowed one additional hour ($275) for preparing the reply.
The special master awarded a lump sum of $54,138.82 jointly payable to petitioner and counsel to cover all legal expenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether requested fees and costs are reasonable	Kelly sought $44,800.50 in fees and $11,673.32 in costs (total $56,473.82)	Respondent said statutory requirements met but proposed $26,000–$34,000 as reasonable without analysis	Award granted but reduced; total $54,138.82 awarded
Billing for paralegal work charged at attorney rate	Counsel billed 13.8 hours of paralegal-level tasks at attorney rate	Respondent did not contest specifics	Reduced fee award by amount reflecting difference between attorney and paralegal rates ($1,794)
Compensation for clerical/administrative tasks	Counsel billed 3.2 hours for administrative/clerical tasks as attorney time	Respondent did not contest specifics	Reduced fee award by $816 for noncompensable administrative time
Additional fee for preparing reply	Petitioner requested 1.0 hour ($275) for reply preparation	Respondent did not oppose	Full $275 allowed

Missouri v. Jenkins, 491 U.S. 274 (1989) (supports awarding paralegal work at appropriate paralegal rates rather than attorney rates)
Rochester v. United States, 18 Cl. Ct. 379 (1989) (clerical/secretarial tasks treated as overhead and not separately compensable)
Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (fee awards under Vaccine Act encompass all charges and preclude additional collection from client)