Walker v. Secretary of Health and Human Services
20-1101
| Fed. Cl. | May 6, 2022Background
- Petitioner Maureena Walker filed a Vaccine Act petition alleging a left shoulder injury related to vaccine administration (SIRVA) after a September 10, 2019 influenza vaccination.
- A proffer by Respondent resulted in a decision awarding compensation on December 13, 2021.
- Walker moved for attorney’s fees and costs on February 3, 2022, seeking $22,397.23 ($21,485.20 in fees; $912.03 in costs) and certified no out-of-pocket expenses.
- Respondent did not contest entitlement to fees/costs and deferred to the Court on the amount.
- The Chief Special Master reviewed billing and awarded fees and costs in full except for a minor reduction: paralegal hourly rate reduced from $181 to the Program maximum $177 for 2022, reducing fees by $0.40.
- Final award: $22,396.83 total (fees $21,484.80; costs $912.03), payable jointly to petitioner and counsel.
Issues
| Issue | Walker's Argument | Respondent's Argument | Held |
|---|---|---|---|
| Entitlement to reasonable attorney’s fees and costs under the Vaccine Act | Walker sought statutory fees/costs following successful proffered claim | Respondent agreed statutory requirements met and deferred amount to Court | Awarded fees and costs (statutory entitlement satisfied) |
| Reasonableness of requested attorney hourly rates (2019–2022) | Requested specific rates for attorneys, including increases for 2022 | Respondent did not object to rate amounts | Attorney rates for 2019–2021 upheld; 2022 increases for named attorneys awarded |
| Paralegal hourly rate for 2022 | Requested $181/hr | Program rate schedule caps paralegal rates; Respondent did not contest amount but Court applies schedule | Reduced paralegal rate to $177/hr (Program maximum), lowering fees by $0.40 |
| Requested litigation costs (medical records, shipping, filing) | Sought $912.03 in costs | Respondent did not dispute costs | Costs found reasonable and awarded in full |
Key Cases Cited
- Savin v. Sec'y of Health & Hum. Servs., 85 Fed. Cl. 313 (2008) (fee requests must include contemporaneous, specific billing records)
- Saxton v. Sec'y of Health & Hum. Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master may reduce hours to a reasonable number)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Sabella v. Sec'y of Health & Hum. Servs., 86 Fed. Cl. 201 (2009) (special master may reduce a fee request sua sponte)
- Broekelschen v. Sec'y of Health & Hum. Servs., 102 Fed. Cl. 719 (2011) (special master need not perform line-by-line reductions)
- Wasson v. Sec'y of Health & Hum. Servs., 24 Cl. Ct. 482 (1991) (petitioner bears burden to establish hours, rates, and expenses requested)