Background - Petitioners Chris and Ellena Prokopeas filed a Short Form Autism petition under the Vaccine Act in 2004 on behalf of their son C.A.P., later amending to allege vaccine-related encephalopathy from thimerosal exposures. - A fact hearing occurred in August 2016; Special Master Hastings issued a Ruling on Factual Issues in June 2017 finding petitioners’ experts’ opinions unreliable. - Petitioners sought interim attorneys’ fees and costs on September 29, 2017: $99,037.35 in attorneys’ fees, $9,795.70 in attorneys’ costs, and $7,723.57 in out-of-pocket expenses. - Respondent took no formal objection to entitlement but urged the special master to consider the earlier factual ruling and whether some costs were treatment-related rather than litigation-related. - Chief Special Master Dorsey awarded interim fees and costs but reduced the requested attorneys’ fees and costs for: administrative/clerical billing, attorney-rate billing for paralegal tasks, numerous vague entries (resulting in a 25% overall reduction), a 25% reduction in the hourly rate for one expert (Dr. Bellanti), and rejection of an undocumented $1,000 retainer. - Final award: $80,844.76 to counsel/petitioners for attorneys’ fees and costs, and $7,573.57 to petitioners for out-of-pocket costs. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---:|---:| | Whether interim attorneys’ fees and costs are appropriate | Long, costly litigation with experts and pending reassignment; undue hardship warrants interim award | Respondent: no role in fee resolution but agrees statutory requirements are met and defers to special master’s discretion | Interim fees appropriate; awarded to avoid undue hardship | | Whether petitioners had good faith and reasonable basis for award eligibility | Petition was timely and litigated in good faith for years | Respondent did not contest good faith/reasonable basis; urged consideration of factual ruling | Good faith and reasonable basis found; entitlement to fees/costs upheld | | Reasonableness of requested hourly rates for counsel | Requested rates supported and consistent with previous Shoemaker Firm awards | No specific rate objections from Respondent | Most requested rates awarded consistent with prior decisions and forum schedules; some specific adjustments applied | | Whether billing entries should be reduced for non-billable tasks, paralegal work, or vagueness | Counsel billed a range of tasks at attorney rates, including administrative and paralegal tasks; many vague entries | Respondent noted experts relied on flawed assumptions; suggested scrutiny of costs and possible non-reimbursable treatment-related expenses | Special master reduced fee award by reclassifying/denying administrative and paralegal billing and for vagueness; applied a 25% across-the-board reduction for deficient practices | | Reasonableness of expert costs (Dr. Bellanti and others) | Expert invoices submitted; sought $400/hr for Dr. Bellanti and a $1,000 retainer for Dr. Shafrir | Respondent pointed to factual ruling undermining petitioners’ experts; questioned treatment vs. litigation costs | Reduced Dr. Bellanti’s rate by 25% to $300/hr and denied the undocumented $1,000 retainer for Dr. Shafrir; awarded other documented expert costs | | Reimbursement of petitioners’ out-of-pocket expenses | Requested $7,723.57 for various expenses, including travel and educational consults | Respondent flagged some expenses as treatment-related and not litigation costs | Awarded $7,573.57; denied $150 academic consultation as non-litigation expense but allowed travel and consultation expenses tied to litigation causation issues | ### Key Cases Cited Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (interim fees appropriate in protracted, expert-intensive cases) Shaw v. Sec'y of Health & Human Servs., 609 F.3d 1372 (Fed. Cir. 2010) (interim fees proper where litigation imposes undue hardship and claim has good-faith basis) Cloer v. Sec'y of Health & Human Servs., 675 F.3d 1358 (Fed. Cir. 2012) (Congressional intent favors availability of interim fees) Woods v. Sec'y of Health & Human Servs., 105 Fed. Cl. 148 (2012) (interim fee awards to original counsel to avoid hardship) Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (2009) (special masters may reduce awards sua sponte for unreasonable billing) Rochester v. United States, 18 Cl. Ct. 379 (1989) (clerical/secretarial work is not billable and is part of overhead)