Reinard v. Secretary of Health and Human Services
14-987
| Fed. Cl. | Oct 3, 2016Background
- Petitioner filed a Vaccine Act claim alleging GBS and CIDP from a November 3, 2011 influenza vaccine; the parties later filed a stipulation and the special master awarded compensation.
- Petitioner sought attorneys’ fees and costs of $59,375.90 (fees $51,275.50; costs $8,100.40).
- Respondent did not contest entitlement to fees but suggested a reasonable total range of $25,000–$30,000 without detailed justification.
- The special master reviewed counsel’s billing records and identified reductions for: attorney billing of paralegal-level work (28 hours), time spent on clerical/administrative tasks (5.4 hours), and travel time billed at full attorney rate (3.9 hours).
- Adjustments: $3,640.00 reduction for paralegal work; $1,377.00 reduction for clerical/administrative time; $497.25 reduction for travel billed at full rate (50% credit applied).
- The special master also awarded $255 for one hour preparing the reply; the final lump-sum award was $54,116.65, payable jointly to petitioner and counsel.
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Entitlement to fees under the Vaccine Act | Counsel sought full fees and costs incurred after successful claim | Respondent agreed statutory requirements met; did not oppose entitlement | Fees and costs awarded under §15(e) (entitlement established) |
| Billing paralegal work at attorney rates | Entries reflect substantive work billed by attorney; requested full attorney-rate compensation | Implicitly contested reasonableness by submitting lower total range | Reduced fees to reflect paralegal-rate compensation for 28 hours (saving $3,640) |
| Clerical/administrative tasks billed as attorney time | Counsel billed time for secretarial/administrative tasks at attorney rates | Respondent did not specifically itemize these but argued general reasonableness range | Reduced fees by 5.4 hours ($1,377) because such tasks are overhead, not compensable at attorney rate |
| Travel time billed at full attorney rate | Counsel billed full hourly rate for travel time | No specific contest beyond overall range suggestion | Travel time compensated at 50% of attorney rate; reduced fees by $497.25 (half of 3.9 hours) |
| Fees for reply brief | Requested 1 hour ($255) for preparing reply | Respondent did not object to the specific reply time | Awarded the full $255 for reply preparation |
Key Cases Cited
- Missouri v. Jenkins, 491 U.S. 274 (1989) (attorney fee principles support compensating paralegal work at appropriate paralegal rates)
- Rochester v. United States, 18 Cl. Ct. 379 (1989) (secretarial and clerical tasks are normal overhead and not separately compensable)
- Beck v. Secretary of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under Vaccine Act encompass all legal expenses and bar additional client charges)