Automated Summary
Key Facts
Jose Sanchez filed a petition on May 23, 2022, alleging a shoulder injury related to vaccine administration from a Tdap vaccination on May 28, 2021. Compensation was awarded on February 20, 2025, following a stipulation. Petitioner requested attorney's fees and costs totaling $23,131.36, but the court reduced fees by $212.50 due to redundant billing for routine filings reviewed by multiple attorneys. The final award was $22,918.86, including $21,775.60 in fees, $1,129.20 in costs, and $14.06 in out-of-pocket expenses.
Issues
The court analyzed the reasonableness of attorney fees and costs under the Vaccine Act, specifically addressing redundant billing by multiple attorneys at Conway, Homer, P.C., for routine filings such as status reports and motions for enlargement. This practice was previously criticized in prior rulings (e.g., Manetta, Lyons, Butler cases), leading to a reduction of $212.50 in fees. The remaining fees and all costs were awarded as reasonable.
Holdings
The court reduced the requested attorney's fees by $212.50 due to redundant billing for routine filings, such as status reports and motions for enlargement, which were prepared by other attorneys. The reduction is based on prior cases highlighting this billing practice issue by Conway, Homer, P.C.
Remedies
Award of $22,918.86 in attorney's fees and costs, including $21,775.60 in fees and $1,129.20 in costs plus $14.06 in out-of-pocket expenses.
Monetary Damages
22918.86
Legal Principles
- The petitioner bears the burden of establishing the hours, rates, and expenses incurred, as outlined in the Vaccine Act and supported by precedent (Wasson v. Sec'y of Health & Hum. Servs., 24 Cl. Ct. 482, 484 (1991); Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). Counsel must present adequate proof of fees and costs at the time of submission and exclude unnecessary hours in good faith.
- The court has discretion to reduce attorney fees for excessive, redundant, or unnecessary billing (Saxton v. Sec'y of Health & Hum. Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993)). This includes reducing fees for redundant reviews of routine filings like status reports and motions, even without prior notice to the petitioner (Broekelschen v. Sec'y of Health & Hum. Servs., 102 Fed. Cl. 719, 729 (2011)).
Precedent Name
- Lyons v. Secretary of Health & Human Services
- Manetta v. Secretary of Health & Human Services
- Hensley v. Eckerhart
- Butler v. Secretary of Health & Human Services
- Saxton v. Secretary of Health & Human Services
- Savin v. Secretary of Health & Human Services
Cited Statute
National Childhood Vaccine Injury Act of 1986
Judge Name
Brian H. Corcoran
Passage Text
- And this is not the first time I or other special masters have noted this particular issue concerning Conway, Homer, P.C. billing practices. See, e.g., Manetta v. Sec'y of Health & Hum. Servs., No. 18-172V, 2020 WL 7392813 (Fed. Cl. Spec. Mstr. Nov 19, 2020); Lyons v. Sec'y of Health & Hum. Servs., No. 18-414V, 2020 WL 6578229 (Fed. Cl. Spec. Mstr. Oct. 2, 2020); Butler v. Sec'y of Health & Hum. Servs., No. 21-561, 2025 WL 2091616 (Fed. Cl. Spec. Mstr. June 23, 2025).
- The Vaccine Act permits an award of reasonable attorney's fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT, in part, Petitioner's Motion for attorney's fees and costs. Petitioner is awarded attorneys' fees and costs in the total amount of $22,918.86 (representing $21,775.60 in fees plus $1,129.20 in costs and $14.06 in Petitioner out-of-pocket expenses).
- I find there is redundant time billed for the review of status reports, motions for enlargement, and other cursory documents prepared by another attorney. See, e.g., ECF No. 52 at 4-16 (entries dated: 8/28/2023, 12/6/2024, 1/8/2025, 2/21/2025, 8/5/2025).