In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

MICHAEL GRESHAM and *

ALLISON GRESHAM as Parents, *

Natural Guardians and Next Friends *

of A.K.G., Minor Child, *

* No. 18-711V

Petitioners, * Special Master Christian J. Moran

*

v. * Filed: December 18, 2020

*

SECRETARY OF HEALTH * Attorneys’ Fees and Costs

AND HUMAN SERVICES, *

*

Respondent. *

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

Susan M. Cremer, Law Offices of Michael Lawson Neff, PC, Atlanta, GA, for 

Petitioners;

Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for 

Respondent.

UNPUBLISHED DECISION AWARDING 

ATTORNEYS’ FEES AND COSTS1

Pending before the Court is Michael and Allison Gresham’s (“petitioners”)

motion for final attorneys’ fees and costs. They are awarded $27,779.37.

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 November 5, 2018, petitioners filed for compensation on behalf of their 

minor child, A.K.G. under the Nation Vaccine Injury Compensation Program, 42 

U.S.C. §300aa-10 through 34. Petitioners alleged that the influenza vaccine A.K.G.

received on December 29, 2015, which is contained in the Vaccine Injury Table,

42 C.F.R. §100.3(a), caused A.K.G. to develop optic neuritis. Petitioners further 

alleged that A.K.G. suffered the residual effects of this injury for more than six 

months. On April 18, 2020, the parties filed a stipulation, which the undersigned 

adopted as his decision awarding compensation on April 29, 2020.

On August 13, 2020, petitioners filed a motion for final attorneys’ fees and 

costs (“Fees App.”). Petitioners request attorneys’ fees of $25,189.90 and 

attorneys’ costs of $2,589.47 for a total request of $27,779.37. Fees App. at 1.

Pursuant to General Order No. 9, petitioners warrant that they have not personally 

incurred any costs related to the prosecution of this case. Id. at 2. On August 31, 

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. Petitioners did not file a reply thereafter.

* * *

Because petitioners received compensation, they are 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 

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 
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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. 

Petitioners request the following rates of compensation for the work of their

counsel, Ms. Susan Cremer: $350.00 per hour for work performed in 2016-2017, 

$407.00 per hour for work performed in 2018, $415.00 per hour for work 

performed in 2019, and $433.00 per hour for work performed in 2020. The rates 

requested for 2016-2018 are consistent with what Ms. Cremer has previously been 

awarded for her Vaccine Program work. See Boudreau v. Sec’y of Health & 

Human Servs., No. 17-1048V, 2018 WL 5269912 (Fed. Cl. Spec. Mstr. Aug. 31, 

2018). Concerning the rates requested for 2019 and 2020, the undersigned also 

finds them to be reasonable given Ms. Cremer’s experience.

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 finds that the 

request is reasonable. The billing entries are sufficiently detailed to allow the 

undersigned to assess the reasonableness of the work and none appear to be 

objectionable upon review. Respondent also has not identified any particular 

entries as unreasonable. Petitioners are therefore awarded the full amount of 

attorneys’ fees sought.
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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). Petitioners request a total of 

$2,589.47 in attorneys’ costs. This amount is comprised of acquiring medical 

records, the Court’s filing fee, photocopies, and postage. Petitioners have provided 

adequate documentation supporting all of the requested costs, and all appear 

reasonable in the undersigned’s experience. They are 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, the undersigned awards a total of 

$27,779.37 (representing $25,189.90 in attorneys’ fees and $2,589.47 in attorneys’ 

costs) as a lump sum in the form of a check jointly payable to petitioners and the 

Law Offices of Michael Lawson Neff, PC.

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.