Seminerio v. Secretary of Health and Human Services, 13-745

Petitioner Giovanni Seminerio filed a Vaccine Act claim on behalf of his minor son V.S., alleging the pneumococcal conjugate vaccine (administered Dec. 22, 2010) caused a large abnormal mass/rash later diagnosed as mastocytosis.
The parties stipulated to compensation, and Special Master Moran awarded entitlement and compensation in a decision issued Sept. 6, 2016.
Petitioner moved for final attorneys’ fees and costs on April 26, 2017, seeking $29,355.02 ($24,575.00 attorneys’ fees; $4,780.02 costs).
The lodestar method governs fee awards: reasonable hourly rates multiplied by reasonable hours, with potential adjustment.
Counsel requested rates of $350/hr for Virginia Anello and $375/hr for Michael London; the Secretary did not object to rates or hours.
The Special Master made modest adjustments for billing issues (10% reduction to Anello’s fees; $600 clerical deduction from paralegal charges) and awarded a total of $26,497.52 to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees after compensation	Seminerio asserted entitlement under 42 U.S.C. §300aa-15(e) because compensation was awarded	Secretary did not dispute entitlement	Granted — petitioner entitled to fees and costs under the statute
Reasonableness of hourly rates	Counsel sought $350/hr (Anello) and $375/hr (London), supported by fee schedule and affidavits	Secretary did not object to proposed rates	Rates found reasonable and previously awarded; accepted
Reasonableness of billed hours and entries	Requested full billed hours for attorneys and paralegals	Secretary did not object to hours but generally reviews for excessiveness	Adjustments made: 10% reduction to Anello’s fees for paralegal/clerical billing and vague entries; $600 deducted for clerical paralegal work; remaining hours reasonable
Reimbursement of litigation costs	Requested $4,780.02 for routine costs and mediation-related expenses; submitted required certifications	Secretary did not object	All documented costs awarded in full; total award adjusted to $26,497.52

Avera v. Secretary of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (approves lodestar approach for Vaccine Act fee awards)
Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar method: hours reasonably expended times reasonable hourly rate)
Saxton v. Secretary of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (fees must not be excessive, redundant, or unnecessary)
Avgoutis v. Shinseki, 639 F.3d 1340 (Fed. Cir.) (vague billing entries may be reduced)