Rettman v. Secretary of Health and Human Services, 14-636

Petitioner Douglas Rettman filed a Vaccine Act petition alleging encephalopathy from a 2012 influenza vaccine and lasting residual effects for >6 months.
The parties filed a stipulation awarding compensation; judgment was entered based on that stipulation.
Petitioner sought $39,930.00 in attorneys’ fees, $19,805.86 in attorneys’ costs, and $16.01 in petitioner costs (total $59,751.87).
Respondent recommended a reduced award in the range $26,000–$39,000 based on similar cases.
The Special Master applied the lodestar method, approved counsel’s requested hourly rates, made modest reductions to certain brief docket-review entries and to attorney billing for paralegal tasks, and adjusted prior counsel’s billing similarly.
The Special Master awarded $58,220.97 in total attorneys’ fees and costs (plus $16.01 to petitioner for petitioner’s costs), payable jointly to petitioner and petitioner’s counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to fees	Fees recoverable because petitioner obtained an award of compensation by stipulation	Respondent did not contest entitlement to fees	Award of reasonable attorneys’ fees and costs is appropriate under the Vaccine Act
Reasonableness of hourly rates	Requested forum rates for Shoemaker and associates were reasonable and previously awarded	Respondent suggested lower total award but did not specifically contest the rates	Requested hourly rates accepted as reasonable (consistent with prior forum awards)
Reasonableness of hours billed	Submitted contemporaneous billing for attorneys and prior counsel totaling ~100 hrs across team	Respondent urged overall reduction based on survey of similar cases	Majority of hours allowed; small reductions imposed for multiple six‑minute docket‑review entries and for attorney billing of paralegal tasks (recompensed at paralegal rate)
Costs (including prior counsel)	Requested ~$19,805.86 for records, copying, expert, and $8,124.37 for Disparti Law Group work	Respondent suggested lower aggregate fee range but did not itemize contest to costs	Requested costs found reasonable; Disparti’s rates accepted but modest reductions applied for six‑minute entries and paralegal‑level work

Avera v. Secretary of Health & Human Services, 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)
Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours that are excessive, redundant, or unnecessary should be excluded)
Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special master may reduce hours to a reasonable number in his judgment)
Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (Fed. Cl. 2008) (fee requests must be supported by contemporaneous, specific billing records)