In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1465V 

Filed: February 27, 2019

UNPUBLISHED

BANGONE THIRAKUL, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Attorneys’ Fees and Costs

Steven I. Kastner, San Diego, CA, for petitioner.

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON ATTORNEYS’ FEES AND COSTS1

Dorsey, Chief Special Master:

 

On October 6, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 (the 

“Vaccine Act”). Petitioner alleges that she suffered injuries, including a Shoulder Injury 

Related to Vaccine Administration resulting from an influenza vaccination received on 

October 13, 2014. Petition at 1. On October 9, 2018, the undersigned issued a 

decision awarding compensation to petitioner based on the respondent’s proffer. ECF 

No. 43. 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the Internet. In accordance with 

Vaccine Rule 18(b), petitioner has 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, 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).

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2 

On January 7, 2019, petitioner filed a motion for attorneys’ fees and costs. ECF 

No. 50. Petitioner requests attorneys’ fees in the amount of $17,292.00 and attorneys’ 

costs in the amount of $476.30. Id. at 1. In compliance with General Order #9, 

petitioner filed a signed statement indicating that petitioner incurred no out-of-pocket 

expenses. ECF No. 49. Thus, the total amount requested is $17,768.30. 

 

On February 8, 2019, respondent filed a response to petitioner’s motion. ECF 

No. 51. 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.” Id. 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. Respondent “respectfully recommends that the Chief Special 

Master exercise her discretion and determine a reasonable award for attorneys’ fees 

and costs.” Id. at 3. 

Petitioner has filed no reply. 

The undersigned has reviewed the billing records submitted with petitioner’s 

request and finds a reduction in the amount of fees to be awarded appropriate for the 

reason listed below. 

I. Legal Standard 

The Vaccine Act permits an award of reasonable attorneys’ fees and costs.§ 

15(e). Counsel must submit fee requests that include contemporaneous and specific 

billing records indicating the service performed, the number of hours expended on the 

service, and the name of the person performing the service. See Savin v. Sec’y of 

Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in 

their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” 

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

Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s 

discretion to reduce the hours to a number that, in [her] experience and judgment, [is] 

reasonable for the work done.” Id. at 1522. Furthermore, the special master may 

reduce a fee request sua sponte, apart from objections raised by respondent and 

without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of 

Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not 

engaged in a line-by-line analysis of petitioner’s fee application when reducing fees. 

Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011).

The petitioner “bears the burden of establishing the hours expended, the rates 

charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 

Cl. Ct. at 482, 484 (1991). She “should present adequate proof [of the attorneys’ fees 

and costs sought] at the time of the submission.” Id. at 484 n.1. Petitioner’s counsel 

“should make a good faith effort to exclude from a fee request hours that are excessive, 
3 

redundant, or otherwise unnecessary, just as a lawyer in private practice ethically is 

obligated to exclude such hours from his fee submission.” Hensley, 461 U.S., at 434.

II. Attorney Fees

A. Hourly Rates 

Petitioner is requesting an hourly rate of $440 for attorney Steven I. Kastner. 

ECF No. 50-1 at 8. The undersigned shall reduce Mr. Kastner’s hourly rate to the 

previously awarded rates of $400 for work performed in 2017 and $415 for work 

performed in 2018. See Peterson v. Sec’y of Health & Human Servs., No. 17-0893V,

2018 WL 4390072 (Fed. Cl. Sp. Mstr. May 30, 2018) (setting rates for Mr. Kastner). 

This results in a reduction of fees in the amount of $1,300.503. 

III. Attorney Costs

Petitioner requests reimbursement for attorney costs in the amount of $476.30 

which consists of the Court’s filing fee and a charge for postage.4 The undersigned finds 

the overall amount of costs reasonable and awards the amount requested in full. 

IV. Conclusion

Based on the reasonableness of petitioner’s request, the undersigned GRANTS

IN PART petitioner’s motion for attorneys’ fees and costs. 

 

Accordingly, the undersigned awards the total of $16,467.805 as a lump 

sum in the form of a check jointly payable to petitioner and petitioner’s counsel 

Steven I. Kastner. 

The clerk of the court shall enter judgment in accordance herewith.6

 

3 This amount consists of ($440 - $400 = $40 x 21.2 hrs in 2017 = $848) + ($440 - $415 = $25 x 18.1 hrs 

in 2018 = $452.50) = $1,300.50. 

4 Petitioner’s counsel did not submit supporting documentation for these costs, however attested to the 

amount in his affidavit submitted. 

5 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all 

charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered. 

Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would 

be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs.,

924 F.2d 1029 (Fed. Cir.1991).

6 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
4 

IT IS SO ORDERED.

s/Nora Beth Dorsey

 Nora Beth Dorsey

 Chief Special Master