Stancarone v. Secretary of Health and Human Services
15-901
Fed. Cl.Mar 1, 2017Background
- Petitioner Jeanette Stancarone filed a Vaccine Act petition alleging a shoulder injury (SIRVA) after an October 6, 2014 influenza vaccination; compensation was awarded by stipulation on September 6, 2016.
- Petitioner sought attorneys’ fees of $35,873.70 and costs of $792.31 (total $36,666.01) on October 24, 2016; she reported no out-of-pocket expenses.
- Respondent stated she had no role in fee resolution but conceded statutory entitlement and suggested, without detailed justification, a reasonable fee range of $12,000–$14,000.
- The special master reviewed counsel’s billing and identified overbilling: 0.5 hours of paralegal work billed at an attorney rate and excessive pre-filing medical literature research (2.2 hours), reducing fees by $591.00.
- The special master awarded attorneys’ fees and costs in the reduced lump sum of $36,075.01, payable jointly to petitioner and counsel, and directed entry of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs under the Vaccine Act | Stancarone sought full recovery of requested fees and costs as reasonable under § 15(e) | Respondent agreed statutory requirements met but declined substantive role in fee resolution | Entitlement established; fees and costs may be awarded |
| Reasonableness of total requested fees | Requested $35,873.70 in attorney fees based on submitted billing | Respondent asserted a reasonable total would be $12,000–$14,000 but provided no supporting rationale | Court reviewed records and found partial reductions appropriate |
| Proper billing classifications and hourly rates | Counsel billed 0.5 hours of paralegal tasks at attorney rate and 2.2 hours for pre-filing medical literature review | Respondent did not contest specifics of entries | Court reduced fee award by $145.20 for misclassified paralegal work and by $445.80 for excessive literature review time (total $591.00) |
| Form and payment of award | Requested lump-sum award to petitioner and counsel | Respondent raised no objection to form of payment | Court awarded $36,075.01 as a lump sum payable jointly to petitioner and counsel |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award encompasses all charges by the attorney, including advanced costs, and precludes separate client charges)