Shorkey v. Secretary of Health and Human Services, 15-768

Petitioner Shawn Shorkey filed a Vaccine Act petition alleging his November 15, 2012 influenza vaccination caused chronic inflammatory demyelinating polyneuritis; parties later stipulated to entitlement and compensation was awarded.
Following the award, Shorkey sought attorneys’ fees and costs totaling $41,782.71 ($36,825.50 in fees; $4,957.21 in costs).
Counsel’s requested hourly rates: David J. Carney $290/hr; Lawrence Cohan $400/hr; paralegal Robin Puccio $125/hr — all previously awarded under McCulloch guidance.
The Secretary did not object to the rates or to specific time entries but generally reserved review; special master independently reviewed reasonableness.
The special master found some excessive and vague time entries and applied a 10% reduction in billed hours, producing a deduction of $2,847.80.
Ordinary litigation costs (records, mail, copies) and a $3,000 expert retainer for neurologist Lawrence Steinman were found reasonable and awarded in full; total award: $38,934.91 to petitioner and counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to fees and costs after compensation	Shorkey sought recovery of attorneys’ fees and litigation costs under the Vaccine Act	Secretary did not contest entitlement once compensation was awarded	Fee-shifting available under 42 U.S.C. § 300aa-15(e); petitioner entitled to fees and costs
Reasonableness of hourly rates	Counsel proffered rates previously accepted in McCulloch decisions	Secretary raised no direct objection to the rates	Rates ($290, $400, $125) found reasonable and awarded
Reasonableness of hours billed	Counsel submitted contemporaneous time records for tasks performed	Secretary did not challenge specific entries but general review warranted	Special master found excessive/vague entries and applied a 10% across-the-board reduction, deducting $2,847.80
Recoverable litigation costs (including expert retainer)	Requested routine costs and a $3,000 retainer for expert case review	No objection to documentation or necessity of costs	Routine costs and $3,000 expert retainer awarded in full

Avera v. Sec’y 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 × reasonable rate)
Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (hours must not be excessive, redundant, or unnecessary)
Fox v. Vice, 563 U.S. 826 (U.S.) (supports percentage reductions for vague or excessive billing entries)