Williams v. Secretary of Health and Human Services
20-498
| Fed. Cl. | Jun 24, 2022Background
- Petitioner Ruby Williams filed a Vaccine Act petition April 24, 2020, alleging a right-sided shoulder injury (SIRVA) after an influenza vaccine on October 3, 2018.
- On March 23, 2022, compensation was awarded based on Respondent’s proffer; Petitioner then moved for attorney’s fees and costs on March 30, 2022.
- Petitioner sought $22,903.49 total ($20,548.26 fees; $2,355.23 costs); Respondent stated statutory requirements were met and deferred the amount to the Court.
- Counsel sought Glen Sturtevant hourly rates ($353 in 2020; $372 in 2021; $392 in 2022) and paralegal Emily Brooks at $182/hr (2022); contemporaneous billing records were submitted.
- The Special Master reduced the paralegal rate to $177/hr for 2022 (a $25 reduction) but otherwise found requested fees and costs reasonable; awarded a lump sum of $23,073.35 payable jointly to Petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorney’s fees and costs | Fees/costs requested following prevailing practice under Vaccine Act | Respondent conceded statutory requirements met and deferred amount to court | Entitlement satisfied; fees and costs may be awarded |
| Reasonableness of attorney hourly rates | Sturtevant’s requested rates (2020–2022) are consistent with prior awards | No opposition to requested attorney rates | Requested attorney rates were approved |
| Paralegal hourly rate | Brooks billed at $182/hr for 2022 | Rate exceeds OSM paralegal range for 2022 | Reduced paralegal rate to $177/hr (resulting $25 reduction) |
| Recoverable costs (records, shipping, filing fee) | Requested $2,355.23 for medical records, shipping, filing | No objection to costs | Costs reviewed and awarded (total award reflects court’s final cost figure) |
Key Cases Cited
- Savin v. Sec’y of Health & Hum. Servs., 85 Fed. Cl. 313 (requiring contemporaneous, specific billing records)
- Saxton v. Sec’y of Health & Hum. Servs., 3 F.3d 1517 (Fed. Cir.) (special master may reduce hours to a reasonable number)
- Hensley v. Eckerhart, 461 U.S. 424 (fee applicant must exclude excessive or redundant hours)
- Sabella v. Sec’y of Health & Hum. Servs., 86 Fed. Cl. 201 (special master may reduce fee requests sua sponte)
- Broekelschen v. Sec’y of Health & Hum. Servs., 102 Fed. Cl. 719 (no line-by-line analysis required when reducing fees)
- Wasson v. Sec’y of Health & Hum. Servs., 24 Cl. Ct. 482 (petitioner bears burden to establish hours, rates, and expenses)