Semanisin v. Secretary of Health and Human Services
15-1395
| Fed. Cl. | Apr 19, 2017Background
- Petitioner Judith Semanisin filed a Vaccine Program petition alleging small fiber neuropathy caused by an influenza vaccine administered on October 10, 2014; compensation was awarded by stipulation on March 1, 2017.
- Petitioner then sought attorneys’ fees and costs totaling $18,874.65 (fees $15,061.50; costs $3,813.15).
- Respondent agreed statutory requirements for an award were met and left the amount to the Special Master's discretion.
- Special Master Gowen applied the lodestar method (hours × reasonable hourly rates) and reviewed contemporaneous billing, prior rate precedent, and reasonableness of hours and costs.
- The Special Master approved forum rates for counsel, reduced one paralegal’s requested 2017 rate from $135 to $110 for 2.2 hours, found hours reasonable, and awarded costs in full.
- Final award: $15,006.50 in attorneys’ fees and $3,813.15 in attorneys’ costs (total $18,819.65), payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Semanisin sought fees and costs after obtaining compensation by stipulation | Respondent conceded statutory entitlement and deferred to Special Master on amount | Fees/costs are recoverable; award appropriate because compensation was obtained by stipulation |
| Appropriate hourly rates | Requested forum rates for lead counsel and associates; paralegal Danielle Avery requested $135 for 2017 | Respondent did not dispute reasonableness of rates generally | Forum rates approved for lead counsel and associates; Danielle Avery’s 2017 rate reduced to $110/hour (from requested $135) due to lack of supporting justification |
| Reasonableness of hours billed | Submitted contemporaneous billing for 84.4 total hours across team and asked full compensation | Respondent raised no specific hours objections | Hours were found reasonable and awarded in full |
| Recoverable costs | Requested $3,813.15 for expert, filing, records, shipping, photocopies | Respondent did not contest costs | All requested costs were found reasonable and awarded in full |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorses lodestar approach and forum-rate presumption)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar methodology; reasonable fee = hours × reasonable rate)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours must be reasonable; exclude excessive or redundant time)
- Davis County Solid Waste Mgmt. v. EPA, 169 F.3d 755 (D.C. Cir. 1999) (forum-rate exception when majority of work done elsewhere and large rate differential)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master discretion in fee determinations)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney barred from collecting fees beyond Vaccine Act award)
- Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (reasonableness requirement applies to costs)