Morris v. Secretary of Health and Human Services, 13-601

Petitioner Ronda Morris filed a Vaccine Program petition alleging internal itching and vitiligo from an October 22, 2010 Hepatitis B vaccination; hearing was held January 10, 2017, and entitlement was denied on May 9, 2017.
Petitioner moved for final attorney’s fees and costs seeking $42,264.87 (attorney fees and counsel costs) plus $3,033.26 in costs personally incurred by Petitioner.
Respondent did not oppose entitlement to an award but deferred to the special master on the amount to be awarded.
Requested hourly rates: $250 for lead counsel (2015–2017) and $100 for paralegals; expert Dr. Richard Horan billed 7.75 hours at $400/hr; travel and related costs included for counsel and expert.
Special Master found requested attorney and paralegal rates reasonable, awarded the expert fee despite being slightly high, allowed most travel costs (including weather-related rescheduling), but reduced the requested award by $1,500 to account for a retainer issue and denied reimbursement of a filing fee that appears to have been paid by prior counsel.
Final awards: $40,764.87 (check payable jointly to Petitioner and counsel) for attorney’s fees and counsel costs, and $2,633.26 to Petitioner for personal costs; judgment to be entered absent review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to fees under 42 U.S.C. § 300aa‑15(e) after unsuccessful claim	Morris sought fees and costs incurred litigating the claim	Secretary accepted statutory requirements for fee award and deferred amount to court	Fees award appropriate; special master awarded fees and costs despite denial of entitlement
Reasonableness of counsel hourly rates ($250) and paralegal rates ($100)	Rates are within appropriate range for counsel experience	No objection to rates from Respondent	Rates awarded as requested
Expert compensation (Dr. Horan at $400/hr for 7.75 hrs)	Requested $400/hr; expert necessary and diligent	No objection raised	Awarded in full despite being slightly high
Reimbursement of retainer and other petitioner-incurred costs (including filing fee)	Petitioner sought reimbursement of $1,500 retainer, travel, and filing fee	Respondent did not oppose award but left amounts to discretion; prior counsel appears to have paid filing fee	Retainer and travel awarded ($2,633.26 total to Petitioner); filing fee denied; $1,500 retainer credit accounted for in reduction of counsel award

Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir.) (forum‑rate entitlement test referenced but not decided)