Skrajner v. Secretary of Health and Human Services, 17-918

Petitioner Ronald Skrajner filed a Vaccine Act claim alleging sensorineural hearing loss after an influenza vaccination on October 12, 2015; a stipulation awarding compensation was adopted May 11, 2021.
On August 9, 2021 petitioner sought attorneys’ fees and costs totaling $13,877.65 (fees $9,320.70; costs $4,556.95). Petitioner certified he incurred no personal litigation fees under General Order No. 9.
Respondent indicated no objection and stated the statutory requirements for an award were met.
Special Master Horner reviewed hourly rates (finding them consistent with prior awards and applicable fee schedules) and billing records for reasonableness under the lodestar framework.
The Special Master found some duplicative/excessive billing for routine document review and reduced fees by $256 (awarding only lead counsel’s hours for duplicative entries); all requested costs (including expert fees) were awarded.
Final award: $13,621.65 (to be paid jointly to petitioner and counsel); decision filed October 27, 2021.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees and costs under the Vaccine Act	Seeks $13,877.65 for reasonable fees and costs incurred in prosecuting the claim	Respondent: statutory requirements satisfied; no opposition to fee award	Award appropriate; fees/costs granted subject to limited reduction
Reasonableness of hourly rates	Rates consistent with prior Conway Homer awards and published fee schedules	No objection raised to requested rates	Rates found reasonable for this forum and counsel’s experience
Hours expended; duplicative billing	Multiple attorneys billed for routine filings though lead counsel handled most work	Respondent did not contest but Special Master reviewed records	Reduced fees by $256 for duplicative entries; only lead counsel’s hours awarded for those items
Reimbursement of attorneys’ costs (expert fees, postage)	Requests $4,556.95 with supporting documentation (expert Dr. Monsell, postage)	No objection	All requested costs awarded in full

Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar approach for Vaccine Act fee awards)
Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (establishing lodestar methodology and prevailing market rate standard)
Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters have wide latitude in fee reasonableness determinations)
Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours that are excessive, redundant, or unnecessary should be excluded)
Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008) (billing records must be contemporaneous and specific)
Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (Fed. Cl. 2009) (special masters may reduce fees sua sponte)
Broekelschen v. Sec'y of Health & Human Servs., 102 Fed. Cl. 719 (Fed. Cl. 2011) (no requirement for line-by-line reduction; reliance on special master experience)
Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (attorneys’ costs reimbursable if reasonable)