Salomone v. Secretary of Health and Human Services
16-795
| Fed. Cl. | Apr 20, 2017Background
- Petitioner Gabrielle Salomone filed a Vaccine Act claim alleging Guillain-Barré Syndrome from a 2014 influenza vaccine; compensation was awarded by stipulation on October 26, 2016.
- Petitioner sought attorneys’ fees of $28,105.00 and costs of $1,432.88 (total $29,537.88) on November 29, 2016.
- Respondent did not oppose entitlement to fees and costs but left the reasonableness and amount to the special master’s discretion.
- The special master applied the regional (Davis) exception reasoning from a prior decision related to petitioner’s counsel and found a $350 hourly rate appropriate for counsel in 2016.
- The billing was reviewed for paralegal vs attorney tasks; all billed hours were deemed proper for attorney rates, but 0.5 hours for unperformed future work were deducted ($175).
- The special master awarded $29,362.88 in attorneys’ fees and costs, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs under the Vaccine Act | Salomone requested full statutory fees and costs totaling $29,537.88 | Respondent agreed statutory requirements were met and deferred amount to the court | Entitlement granted; fees and costs awarded |
| Appropriate hourly rate for petitioner’s counsel | Requested $350/hour as local rate for 2016 | Respondent did not challenge rate; left determination to the special master | $350/hour adopted as reasonable local rate |
| Allocation of tasks to attorney vs paralegal rates | Counsel billed all tasks at attorney rate | Respondent did not contest specifics; special master reviewed billing | All billed tasks deemed attorney-level work; no paralegal-rate reductions |
| Reasonableness of billed hours | Petition sought full billed hours; included .5 hours for future work | Respondent did not object to hours generally | Deduction of 0.5 hours ($175) for entries for future/unperformed work; remainder allowed |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act encompass all charges and preclude additional fees beyond the award)