Razka v. Secretary of Health and Human Services
14-1224
Fed. Cl.Jul 24, 2017Background
- Petitioner Gregory Razka filed a Vaccine Program petition alleging Guillain–Barré Syndrome after a May 25, 2013 DTaP vaccination; compensation was awarded by stipulation and decision on April 20, 2017.
- After entitlement, petitioner sought attorneys’ fees of $51,875.50 and costs of $19,380.69 (total $71,256.19); respondent did not object to specific amounts but asked the Special Master to determine a reasonable award.
- Petitioner’s counsel (Shannon Law Group) is based in Woodridge, Illinois (DuPage County), part of the Chicago metropolitan area; the Special Master ordered evidence on appropriate local/forum rates.
- The Special Master applied the Vaccine Act fee standards and McCulloch/forum-rate framework, concluding Chicago-area forum rates apply here.
- The Special Master awarded Mr. Shannon $350/hour (lower end of his McCulloch range due to lack of Vaccine Program experience) and treated Cummings (not admitted to the Court of Federal Claims) as non-attorney/paralegal work at $125/hour.
- Because billing included clerical tasks and time spent learning Vaccine Program basics, the Special Master reduced the adjusted attorney-fee total by 10%, awarding $37,656.00 in attorneys’ fees and $19,380.69 in costs, for a total award of $57,036.69 payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate forum vs. local hourly rates | Counsel sought forum (Chicago/DC-area) rates for work performed from Woodridge, IL | Respondent deferred to Special Master to set a reasonable award (no specific objection) | Forum rates apply because Woodridge is in the Chicago metro area; forum rates awarded |
| Proper hourly rate for lead counsel (Shannon) | Requested $415/hr (top of McCulloch range for years of admission) | Respondent did not contest rate; Special Master must set reasonable rate | $350/hr awarded (lower end of McCulloch range due to lack of Vaccine Program experience) |
| Compensation for non-admitted attorney (Cummings) | Time billed at attorney rates | Cummings not admitted to CFC bar; non-admitted attorneys cannot recover attorney fees | Cummings’ work compensated at non-attorney (paralegal) rate $125/hr |
| Reasonableness of hours billed (clerical tasks, learning curve) | Counsel billed for meetings, travel arrangements, administrative work and time learning Vaccine Program | Respondent raised no specific entries but urged Special Master discretion | 10% across-the-board reduction of adjusted attorney-fee total for excessive/clerical and learning-related entries |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (endorses lodestar approach in Vaccine Program fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (defines reasonable hourly rate as prevailing community rate)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (hours must be reasonable; exclude excessive or redundant time)
- Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. United States EPA, 169 F.3d 755 (D.C. Cir. 1999) (basis for forum-rate exceptions)
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (fee award follows success on merits under Vaccine Act)
- Broekelschen v. Secretary of Health & Human Services, 102 Fed. Cl. 719 (2011) (upholding percentage reductions and discretion of Special Master on fee reductions)