Middleton v. Secretary of Health and Human Services
22-0073V
Fed. Cl.Mar 11, 2025Background
- Ashley Middleton filed a Vaccine Act petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) on January 25, 2022.
- After briefing, the Special Master awarded compensation to Middleton on October 4, 2024.
- Petitioner subsequently moved for attorney’s fees and costs totaling $47,925.19 ($47,206.50 in fees, $718.69 in costs).
- The respondent conceded Middleton’s entitlement to fees and costs but left the amount to the Court’s discretion.
- The Special Master scrutinized the hours billed, finding time spent on damages briefing (41.9 hours) excessive relative to similar cases.
- The Special Master reduced the damages briefing hours by 30%, awarding a total of $41,788.99 in fees and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of fees billed | All fees/time requested are reasonable | Statutory requirements met; defer to SM | Reduction proper; 30% cut |
| Use of comparative case approach | Not specifically addressed | Not specifically addressed | Prior cases support cut |
| Sufficiency of cost documentation | Costs properly documented | No specific objections | Costs awarded in full |
| Special Master’s discretion | Requested full requested award | Defers decision to Special Master | SM has discretion |
Key Cases Cited
- Savin v. Sec’y of Health & Hum. Servs., 85 Fed. Cl. 313 (2008) (fee petitions must include detailed, contemporaneous billing records)
- Saxton v. Sec’y of Health & Hum. Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master has discretion to reduce excessive or unnecessary hours)
- Broekelschen v. Sec’y of Health & Hum. Servs., 102 Fed. Cl. 719 (2011) (special masters need not do line-by-line analysis when reducing fees)
- Sabella v. Sec’y of Health & Hum. Servs., 86 Fed. Cl. 201 (2009) (fee reductions may be made sua sponte by special master)
- Wasson v. Sec’y of Health & Hum. Servs., 24 Cl. Ct. 482 (1991) (petitioner must prove fees and costs are reasonable)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (attorney must exclude excessive or redundant hours from fee requests)