Valdez v. Secretary of Health and Human Services
16-890
| Fed. Cl. | May 9, 2017Background
- Petitioner Yolanda Valdez filed a Vaccine Act claim alleging a shoulder injury from a September 25, 2013 influenza vaccination and reached a stipulation awarding compensation.
- Following the ruling, Valdez moved for final attorneys’ fees and costs totaling $21,036.53 (requested $16,835.70 in fees and $4,327.32 in costs), and stated she personally advanced $402.51.
- Lead counsel Clifford J. Shoemaker sought 2016 and 2017 hourly rates ($430 and $446 respectively); co-counsel Renee Gentry sought $415 (2016) and $430 (2017).
- An attorney, Sabrina Knickelbein, billed at $365/hr for primarily administrative/paralegal tasks. The special master reduced those entries to a paralegal rate of $135/hr, producing a $529 deduction.
- An earlier attorney, Lisa Roquemore, billed at $365/hr in 2014; the special master allowed reimbursement to Roquemore for her prior work and costs.
- All other claimed hours and routine costs (medical records, mailings, photocopies) were found reasonable and awarded in full; final award allocated payments to petitioner, current counsel, and prior counsel.
Issues
| Issue | Valdez's Argument | Secretary's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs after compensation | Prevailing petitioner entitled to fees/costs under Vaccine Act | Did not oppose fee entitlement | Granted under 42 U.S.C. §300aa-15(e) since petitioner received compensation |
| Reasonableness of counsel hourly rates | Requested established rates for 2016 and modest increases for 2017 | Did not directly challenge proposed rates | 2016 rates awarded as reasonable; modest 2017 increases awarded here (with caution due to small 2017 hours) |
| Treatment of administrative/paralegal tasks billed at attorney rates | Sought full billed attorney rate for work by Knickelbein | Implicitly challenged by review noting task nature | Reduced Knickelbein entries to $135/hr paralegal rate, producing $529 deduction |
| Reimbursement to prior counsel (Roquemore) and claimed costs | Requested direct reimbursement to Roquemore for 2014 work and listed invoice as cost; claimed routine litigation costs advanced | Secretary did not contest | Allowed reimbursement to Roquemore at her reasonable 2014 rate; routine costs awarded in full |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (lodestar two-step fee approach)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (hourly-rate lodestar methodology)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (billing judgment requirement)
- Avgoustis v. Shinseki, 639 F.3d 1340 (Fed. Cir.) (billing entries should be sufficiently detailed)
- Valdes v. Sec’y of Health & Human Servs., 89 Fed. Cl. 415 (Ct. Cl.) (paralegal/clerical rates and fee guidance)