Peterson v. Secretary of Health and Human Services, 17-732

Petitioner Alan Peterson filed a Vaccine Program claim alleging his 10/27/2015 influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA) or aggravated a preexisting shoulder condition and produced residual effects for >6 months.
The parties proceeded by videotaped depositions; the special master issued a fact ruling on Oct. 23, 2019, and the parties later filed a stipulation adopting compensation on Sept. 9, 2020.
Petitioner moved for final attorneys’ fees and costs on Nov. 25, 2020, seeking $56,358.08 (fees $43,472.40; costs $12,885.68). Petitioner stated he incurred no personal costs.
Respondent stated he plays no formal role in fee resolution but conceded statutory requirements were met and left the amount to the court’s discretion.
The special master applied the lodestar method, approved counsel Shealene Mancuso’s time‑based rates ($225–$275 across 2017–2020), and found the overall time reasonable but reduced fees by $800 for administrative/clerical billing.
The special master approved expert Dr. Naveed Natanzi’s $475/hour rate (based on recent precedent), awarded full requested costs, and entered a lump‑sum award of $55,558.08 (fees $42,672.40; costs $12,885.68), payable jointly to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs	Petitioner sought fees and costs because he received compensation.	Respondent acknowledged he has no role in fee resolution but agreed statutory requirements were met.	Entitlement established by statute when petitioner is compensated; fees may be awarded.
Appropriate hourly rates for counsel	Requested forum‑consistent rates for counsel ($225–$275 across years) reflecting prior awards.	No objection to requested counsel rates.	Requested counsel rates were reasonable and awarded.
Reasonableness of billed hours	Time entries submitted; sought full recovery.	No direct challenge to hours; Respondent deferred to court discretion.	Overall hours reasonable but reduced by $800 for administrative/clerical billing; adjusted fees awarded.
Reasonableness of costs and expert rate	Requested $12,885.68 in costs, including Dr. Natanzi at $475/hr.	No objection to costs; Respondent deferred to court discretion.	Costs awarded in full; $475/hr for Dr. Natanzi found reasonable based on recent precedent.

Avera v. Secretary 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) (lodestar formula: reasonable hours × reasonable rate)
Davis Cty. Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. U.S. Envtl. Prot. Agency, 169 F.3d 755 (D.C. Cir. 1999) (forum‑rate exception when majority of work performed outside forum at substantially lower rates)
Saxton v. Secretary of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (fees must not be excessive, redundant, or unnecessary)
Fox v. Vice, 563 U.S. 826 (U.S. 2011) (supports “rough justice” approach to fee adjustments)
McIntosh v. Secretary of Health & Human Servs., 139 Fed. Cl. 238 (Fed. Cl. 2018) (special master review of fee applications for reasonableness)
Perreira v. Secretary of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (costs must be reasonable)