Prindle v. Secretary of Health and Human Services
23-0346V
Fed. Cl.Mar 11, 2025Background
- Dale Prindle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury from a 2020 influenza vaccine.
- The case was previously settled, and Prindle received a compensation award per the parties' stipulation.
- Petitioner then moved for an award of attorney’s fees and costs totaling $25,594.78, with fee documentation provided.
- The respondent agreed that statutory requirements for a fee award were met but left the amount to the special master's discretion and did not object to the requested rates or costs.
- Upon review, the court determined a minor reduction for certain attorney tasks improperly billed at attorney rates instead of paralegal rates.
- The court awarded $25,307.98 in combined attorney’s fees and costs, to be paid directly to petitioner’s counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of attorney's fees | Fees and rates requested are reasonable | Statutory requirements met, | Minor reduction for some tasks; |
| and consistent with prior awards | amount left to court’s | otherwise, fees largely awarded as sought | |
| discretion | |||
| Reasonableness of attorney's costs | All claimed costs are well-documented | No objection | All costs awarded in full |
| Proper billing classification of certain tasks | Certain document prep billed as attorney | No specific argument | Such tasks should be billed at paralegal |
| work | rates; reduction applied |
Key Cases Cited
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (court has discretion to reduce attorney fee requests to a reasonable number of hours)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (excessive, redundant, or unnecessary hours should be excluded from fee requests)
- Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719 (2011) (need not do a line-by-line analysis when reducing fees)
- Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482 (1991) (petitioner bears burden of proving fees and costs requested)
