King v. Secretary of Health and Human Services
15-486
| Fed. Cl. | May 22, 2017Background
- Petitioner Jacqueline F. King (as guardian of minor B.H.) alleged the influenza vaccine caused B.H. to suffer urticaria; the parties settled and the special master awarded compensation.
- After the merits resolution, Petitioner moved for attorneys’ fees and costs: $22,369.00 in fees and $539.97 in costs.
- Respondent recommended the special master exercise discretion in determining a reasonable award and did not specifically challenge the requested hours.
- The lodestar method (hours × reasonable rate) governs fee awards under the Vaccine Act; adjustments may follow if warranted.
- The special master approved an attorney hourly rate of $350 and reduced the requested paralegal rate from $145 to $135 per hour because the paralegal was not identified and no justification for a higher rate was provided.
- The special master deducted one hour of attorney time ($350) for excessive review of routine court communications, awarded $21,635.00 in fees plus $539.97 in costs, for a total award of $22,174.97 payable to petitioner and petitioner’s counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees after compensation | King sought reasonable attorneys’ fees and costs as the Vaccine Act permits | Secretary did not dispute entitlement; urged discretion in amount | Entitlement established; fees awarded under 42 U.S.C. § 300aa‑15(e) |
| Reasonable hourly rate for lead attorney | Requested $350/hr for Nancy Meyers (supported by precedent) | Did not contest $350/hr | $350/hr approved |
| Paralegal hourly rate | Requested $145/hr; billing did not identify paralegal or qualifications | Secretary did not specifically object to hours or rate | Reduced to $135/hr based on prior awards and lack of justification for increase |
| Reasonableness of billed hours | Requested hours largely accepted; sought recovery for all billed time | Secretary raised no specific hour-by-hour objections but asked court to exercise discretion | One hour of attorney time ($350) deducted for excessive routine-document review; remaining hours found reasonable |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (establishes hours × reasonable rate lodestar method)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (fees must exclude excessive, redundant, or unnecessary hours)