In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * *

WILLIE JOHNSON, *

* No. 16-415V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: May 6, 2020

*

SECRETARY OF HEALTH * Attorneys’ Fees and Costs

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * * * * * * ** *

Bruce W. Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for 

Petitioner;

Gabrielle M. Fielding, United States Dep’t of Justice, Washington, DC, for 

Respondent.

UNPUBLISHED DECISION AWARDING 

ATTORNEYS’ FEES AND COSTS1

Pending before the Court is petitioner Willie Johnson’s motion for final 

attorneys’ fees and costs. He is awarded $51,147.69.

* * *

 

1 Because this published decision contains a reasoned explanation for the action in this 

case, the undersigned is required to post it on the United States Court of Federal Claims' website 

in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal 

Management and Promotion of Electronic Government Services). This posting means the 

decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 

18(b), the parties have 14 days to identify and move to redact medical or other information, the 

disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the 

undersigned agrees that the identified material fits within this definition, the undersigned will 

redact such material from public access.
2

On April 1, 2016, petitioner filed for compensation under the Nation 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 through 34.

Petitioner alleged that the influenza vaccine he received on June 27, 2013, which is 

contained in the Vaccine Injury Table, 42 C.F.R. §100.3(a), caused him to suffer a 

shoulder injury related to vaccine administration. Petitioner further alleged that she 

suffered the residual effects of this injury for more than six months. A fact hearing 

was held on June 5, 2018, after which petitioner submitted additional information. 

On January 25, 2019, the undersigned issued a ruling finding fact regarding onset, 

finding that the onset of petitioner’s left shoulder pain was the morning of October 

8, 2014. Thereafter, the parties explored the possibility of settlement, and on 

November 13, the parties filed a stipulation, which the undersigned adopted as his 

decision awarding compensation on November 14, 2019.

On January 16, 2020, petitioner filed a motion for final attorneys’ fees and 

costs (“Fees App.”). Petitioner requests attorneys’ fees of $45,677.10 and 

attorneys’ costs of $6,220.59 for a total request of $51,897.69. Fees App. at 1-2.

Pursuant to General Order No. 9, petitioner warrants that he has not personally 

incurred any costs related to the prosecution of her case. Id. at 2. On January 24, 

2020, respondent filed a response to petitioner’s motion. Respondent argues that 

“[n]either the Vaccine Act nor Vaccine Rule 13 contemplates any role for 

respondent in the resolution of a request by a petitioner for an award of attorneys’ 

fees and costs.” Response at 1. Respondent adds, however that he “is satisfied the 

statutory requirements for an award of attorneys’ fees and costs are met in this 

case.” Id at 2. Additionally, he recommends “that the Court exercise its

discretion” when determining a reasonable award for attorneys’ fees and costs. Id.

at 3. Petitioner did not file a reply thereafter.

* * *

Because petitioner received compensation, he is entitled to an award of 

reasonable attorneys’ fees and costs. 42 U.S.C. § 300aa–15(e). Thus, the question 

at bar is whether the requested amount is reasonable. 

The Vaccine Act permits an award of reasonable attorney’s fees and costs. 

§15(e). The Federal Circuit has approved the lodestar approach to determine 

reasonable attorneys’ fees and costs under the Vaccine Act. This is a two-step 

process. Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343, 1348 (Fed. 

Cir. 2008). First, a court determines an “initial estimate ... by ‘multiplying the 

number of hours reasonably expended on the litigation times a reasonable hourly 

rate.’” Id. at 1347-48 (quoting Blum v. Stenson, 465 U.S. 886, 888 (1984)). 

Second, the court may make an upward or downward departure from the initial 
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calculation of the fee award based on specific findings. Id. at 1348. Here, because 

the lodestar process yields a reasonable result, no additional adjustments are 

required. Instead, the analysis focuses on the elements of the lodestar formula, a 

reasonable hourly rate and a reasonable number of hours. 

In light of the Secretary’s lack of objection, the undersigned has reviewed 

the fee application for its reasonableness. See McIntosh v. Secʼy of Health & 

Human Servs., 139 Fed. Cl. 238 (2018)

A. Reasonable Hourly Rates

Under the Vaccine Act, special masters, in general, should use the forum 

(District of Columbia) rate in the lodestar calculation. Avera, 515 F.3d at 1349. 

There is, however, an exception (the so-called Davis County exception) to this 

general rule when the bulk of the work is done outside the District of Columbia 

and the attorneys’ rates are substantially lower. Id. 1349 (citing Davis Cty. Solid 

Waste Mgmt. and Energy Recovery Special Serv. Dist. v. U.S. Envtl. Prot. 

Agency, 169 F.3d 755, 758 (D.C. Cir. 1999)). In this case, all the attorneys’ work 

was done outside of the District of Columbia. 

Petitioner requests the following rates of compensation for the work of his

counsel: for Mr. Bruce Slane, $300.00 per hour for work performed in 2015, 

$325.00 per hour for work performed in 2016, $335.00 per hour for work 

performed in 2017, $345.00 per hour for work performed in 2018, $355.00 per 

hour for work performed in 2019, and $365.00 per hour for work performed in 

2020; for Mr. Christian Martinez, $200.00 per hour for work performed in 2017 

and 2018, $215.00 per hour for work performed in 2019, and $225.00 per hour for 

work performed in 2020; and for Mr. Jimmy Zgheib, $200.00 per hour for work 

performed in 2015, $215.00 per hour for work performed in 2016, $225.00 per 

hour for work performed in 2017.

The undersigned has reviewed the requested rates and finds them to be 

reasonable and consistent with what special masters have previously awarded to 

Mr. Slane and his associates for their Vaccine Program work. See, e.g. Lis v. Sec’y 

of Health & Human Servs., No. 17-178V, 2020 WL 1893516 (Fed. Cl. Spec. Mstr. 

Mar. 24, 2020); Lewis v. Sec’y of Health & Human Servs., No. 17-224V, 2020 

WL 603565 (Fed. Cl. Spec. Mstr. Jan. 14, 2020). Concerning the rates requested 

for work performed in 2020, the undersigned finds them to be reasonable given the 

experience of counsel. Accordingly, the requested rates are reasonable.
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B. Reasonable Number of Hours 

The second factor in the lodestar formula is a reasonable number of hours. 

Reasonable hours are not excessive, redundant, or otherwise unnecessary. See

Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993). 

The Secretary also did not directly challenge any of the requested hours as 

unreasonable. 

The undersigned has reviewed the submitted billing entries and on the 

whole, the request is reasonable. However, a minor amount of time was billed for 

administrative tasks such as preparing and filing medical records. See Guerrero v 

Secʼy of Health & Human Servs., No. 12-689V, 2015 WL 3745354, at *6 (Fed. Cl. 

Spec. Mstr. May 22, 2015) (citing cases), mot. for rev. den’d in relevant part and 

granted in non-relevant part, 124 Fed. Cl. 153, 160 (2015), app. dismissed, No. 

2016-1753 (Fed. Cir. Apr. 22, 2016). The undersigned also notes that excessive 

time was billed for certain minor tasks, such as reviewing minute entries and 

CMECF generated notifications for filings that were made by petitioner. In the 

undersigned’s experience, even 0.1 hours is too much to bill for review of such 

notifications. Based upon the undersigned’s overall perception of the time billed 

after review, a reduction of $750.00 is appropriate in order to achieve “rough 

justice.” See Florence v. Sec’y of Health & Human Servs., No. 15-255V, 2016 WL 

6459592, at *5 (Fed. Cl. Spec. Mstr. Oct. 6, 2016) (citing Fox v. Vice, 563 U.S. 

826, 838 (2011).

In sum, petitioner is awarded final attorneys’ fees of $44,927.10.

C. Costs Incurred

Like attorneys’ fees, a request for reimbursement of costs must be 

reasonable. Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. 

Cl. 1992), aff’d, 33 F.3d 1375 (Fed. Cir. 1994). Petitioner requests a total of 

$6,220.59 in attorneys’ costs. This amount is comprised of acquiring medical 

records, postage charges, travel costs to attend the fact hearing in Atlanta, and the 

Court’s filing fee. Petitioner has provided adequate documentation supporting all 

of the requested costs, and all appear reasonable in the undersigned’s experience. 

Petitioner is therefore awarded the full amount of attorneys’ costs sought.

E. Conclusion

The Vaccine Act permits an award of reasonable attorney’s fees and costs. 

42 U.S.C. § 300aa-15(e). Accordingly, I award a total of $51,147.69 (representing 

$44,927.10 in attorneys’ fees and $6,220.59 in attorneys’ costs) as a lump sum in 
5

the form of a check jointly payable to petitioner and petitioner’s counsel, Mr. 

Bruce Slane.

In the absence of a motion for review filed pursuant to RCFC Appendix B, 

the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

 

2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a 

joint notice renouncing their right to seek review.