Russell v. Secretary of Health and Human Services
16-460
| Fed. Cl. | Jul 6, 2017Background
- Petitioner filed a Vaccine Act petition alleging SIRVA following an influenza vaccination on October 19, 2013; entitlement was awarded by joint stipulation on November 17, 2016.
- Petitioner then moved for attorneys’ fees and costs seeking $16,015.00 in fees and $771.20 in costs; counsel stated no out-of-pocket costs for petitioner.
- The special master reviewed billing records and identified entries billed at attorney rates that reflected paralegal-level work.
- The special master also identified a request for 1.5 hours ($300) described as anticipated future work to close the file.
- The Vaccine Act permits awards only for reasonable attorneys’ fees and costs actually incurred in the proceeding.
- After reductions for paralegal-rate work and speculative future work, the special master awarded a lump sum of $15,956.20, payable jointly to petitioner and petitioner’s counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether billing for paralegal work at attorney rates is compensable at attorney rates | Fees submitted reflect work performed by counsel and should be paid as billed | Paralegal-level work should be compensated at paralegal rates, not attorney rates | Reduced fees by amount reflecting 1.9 hours of paralegal work billed at attorney rate (deduction of $380) |
| Whether counsel may recover fees for anticipated future work not yet performed | Requested 1.5 hours ($300) for closing-file tasks should be paid | Fees must be for work actually incurred; speculative future fees are not recoverable | Denied award for speculative 1.5 hours; reduced fees by $450 (1.5 hours at counsel’s rate) |
| Whether the remaining requested fees and costs are reasonable | Overall request is reasonable after adjustments | Respondent did not oppose adjusted award; no further reduction requested | Granted attorneys’ fees and costs in the reduced total of $15,956.20, payable jointly |
Key Cases Cited
- Missouri v. Jenkins, 491 U.S. 274 (1989) (courts may award reasonable fees and consider appropriate rates for different categories of legal work)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (award covers all charges by the attorney against a client and prevents collection of additional fees beyond the award)