Toole v. Secretary of Health and Human Services, 15-816

Petitioner Jennifer Toole alleged a shoulder injury related to influenza vaccine administration and received compensation under the National Vaccine Injury Compensation Program pursuant to a parties’ stipulation.
After the award, Toole filed an application for attorneys’ fees and costs seeking $25,433.90 in fees, $34.50 in attorney costs, and $504.14 in petitioner-incurred litigation costs (total $25,972.54).
Counsel Michael A. Baseluos sought hourly rates of $257 (2015), $265 (2016), $275 (2017); paralegal rates of $90 (2015) and $125 (2016).
The Secretary did not dispute entitlement to fees or challenge the requested rates or hours, but asked the special master to exercise discretion in setting a reasonable award.
The special master applied the lodestar method (hours × reasonable rates, with possible adjustment) and reviewed billing records for reasonableness.
The special master awarded the full requested amount: $25,468.40 for attorneys’ fees and litigation costs (payable to petitioner and counsel) and $504.14 to petitioner for her out-of-pocket litigation expenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to attorneys’ fees after receiving compensation	Toole sought fees as of right under the Vaccine Act once compensation was awarded	Secretary agreed statutory requirements met and left amount to the special master’s discretion	Entitlement established; fees awarded under 42 U.S.C. § 300aa-15(e)
Reasonableness of counsel hourly rates	Requested rates for Baseluos and paralegal rates (including $125/hr for paralegal) are reasonable	Secretary did not challenge the proposed rates	Requested rates accepted as reasonable; $125/hr paralegal supported by local survey
Reasonableness of hours billed	Hours billed were necessary and not excessive; tasks billed largely appropriate	Secretary did not challenge hours; deferred to special master’s discretion	Hours and time entries reviewed and found reasonable; full hours awarded
Award of litigation costs (attorney and petitioner-incurred)	Costs for mailings and petitioner expenses are documented and reasonable	Secretary did not contest costs	All requested costs awarded in full (attorney-related and $504.14 to petitioner)

Avera v. Secretary of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach for Vaccine Act fee awards)
Blum v. Stenson, 465 U.S. 886 (1984) (lodestar formula: reasonable hours × reasonable rates)
Saxton v. Secretary of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (fees must exclude excessive, redundant, or unnecessary hours)