Wilson v. Secretary of Health and Human Services
14-411
| Fed. Cl. | Apr 17, 2017Background
- Petitioner Danny Wilson filed a Vaccine Act petition alleging a shoulder injury from an influenza vaccine received on or about October 22, 2012; the parties stipulated to compensation and a decision awarding damages was entered.
- After judgment, Wilson moved for final attorneys’ fees and costs totaling $42,787.01 (about $28,358.05 in attorneys’ fees and $14,428.96 in costs).
- Lead counsel Richard Gage sought out-of-district hourly rates (Washington, D.C. levels) for 2013–2016; other billed professionals included a second attorney (Daniel Gerstein) and four paralegals.
- The Special Master applied the lodestar approach, comparing requested rates to rates previously found reasonable in related Vaccine Program decisions, and also reviewed hours for vagueness and excessiveness.
- Adjustments: Gage’s requested rates were reduced to rates used in a recent Special Master decision; Gerstein’s 2013 rate was reduced to a previously-adopted rate; paralegal rates were adjusted; and a 10% reduction was applied to account for vague billing entries.
- Most litigation costs (medical records, mailings, copies) were awarded in full; fees for an expert/labor-market provider were reviewed and awarded in full despite sparse detail in the invoice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | Wilson sought full award of requested fees and costs because he obtained compensation. | Respondent did not contest fee entitlement; entitlement follows award of compensation under the Vaccine Act. | Entitlement found; petitioner awarded fees and costs under 42 U.S.C. § 300aa‑15(e). |
| Reasonableness of lead counsel hourly rates | Gage requested higher, D.C.-level rates for 2013–2016 based on prior private cases and one special‑master citation. | Respondent did not press objections; Special Master compared to local and Program precedent and reduced rates to previously adopted levels. | Court reduced Gage’s rates to amounts used in a prior Special Master decision, producing a deduction. |
| Rates for other counsel and paralegals | Gerstein and paralegals billed at requested rates. | Special Master applied previously established Program rates for Gerstein (2013) and for paralegals. | Gerstein’s 2013 rate and paralegal rates were reduced per prior decisions. |
| Vague/insufficient billing detail | Petitioner submitted time entries with limited description. | Respondent did not specifically challenge hours, but Special Master may reduce for vagueness. | A 10% reduction of attorney fees was applied for vague/time entries; overall lodestar adjusted accordingly. |
| Expert / vendor costs (labor‑market/life‑care plan) | Cost for Re‑Entry Rehabilitation Services billed at $225/hr for 43.18 hours; petitioner sought full reimbursement. | Respondent did not object to the cost; invoices were brief. | Despite terse entries, the Special Master found hours and rate reasonable and awarded the expert costs in full, but advised more detailed invoices in future. |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar method for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (lodestar formula: reasonable hours multiplied by reasonable rate)
- Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (hours must not be excessive, redundant, or unnecessary)
- Fox v. Vice, 563 U.S. 826 (2011) (supports reductions for vague or poorly documented billing entries)
- Caves v. Sec'y of Health & Human Servs., 111 Fed. Cl. 774 (2013) (experts' fees evaluated under lodestar; invoices should detail tasks and time)