Opinion

Baskin v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Jan 2, 2026
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases
Authority
More cited than 37.9%

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21-2207V

FRAN BASKIN,

Chief Special Master Corcoran

Petitioner, Filed: December 1, 2025

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Renée J. Gentry, The Law Office of Renée J. Gentry, Washington, DC, for Petitioner.

Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON ATTORNEY’S FEES AND COSTS 1

On November 23, 2021, Fran Baskin 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 alleged that she suffered a shoulder injury related to vaccine

administration following an influenza vaccine she received on October 1, 2019. Petition,

ECF No. 1. On June 2, 2025, I issued a decision finding Petitioner entitled to

compensation and awarding damages, following briefing by the parties. ECF No. 45.

1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made

publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at

https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of

2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government

Services). 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, I

agree that the identified material fits within this definition, I will redact such material from public access.

2

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

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

300aa (2018).

Petitioner has now filed a motion for attorney’s fees and costs, requesting an award

of $30,510.46 (representing $29,687.38 in fees plus $823.08 in costs). Application for

Attorneys’ Fees and Costs (“Motion”) filed September 17, 2025, ECF No. 50.

Furthermore, Petitioner has filed as signed statement representing that no personal out-

of-pocket expenses were incurred. ECF No. 50-1 at 1.

Respondent reacted to the motion on September 25, 2025, indicating that he is

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

this case but deferring resolution of the amount to be awarded to my discretion. Response

at 2, 4. ECF No. 51. Petitioner filed no reply thereafter.

I have reviewed the billing records submitted with Petitioner’s request and find a

reduction in the amount of fees to be awarded appropriate, for the reasons listed below.

ANALYSIS

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

successful claimants. Section 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 engage

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. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees

and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1.

Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours

that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private

2

practice ethically is obligated to exclude such hours from his fee submission.” Hensley,

461 U.S. at 434.

ATTORNEY FEES

I have reviewed the billing records submitted with Petitioner’s request. The rates

requested for work performed by attorney Renée Gentry through 2025 are reasonable

and consistent with our prior determinations and will therefore be awarded herein.

Regarding the time billed, I note this case required additional briefing regarding

entitlement and damages. See Petitioner’s Motion for Findings of Fact, filed Feb. 17,

2024, ECF No. 38; Petitioner’s Reply to Respondent’s Response to Motion for Findings

of Fact, filed May 15, 2024, ECF No. 43; Petitioner’s counsel expended approximately

6.00 hours drafting the entitlement and damages brief and 5.50 hours drafting the

responsive brief, for a combined total of 11.50 hours. ECF No. 50-1 at 7-8. I find this

amount of time to be reasonable and will award the attorney’s fees requested.

However, it is evidenced in the billing records that numerous tasks performed by

attorney Gentry in this matter are more properly billed using a paralegal rate. 3 “Tasks that

can be completed by a paralegal or a legal assistant should not be billed at an attorney’s

rate.” Riggins v. Sec’y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21

(Fed. Cl. Spec. Mstr. June 15, 2009). “[T]he rate at which such work is compensated

turns not on who ultimately performed the task but instead turns on the nature of the task

performed.” Doe/11 v. Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425,

at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010). Counsel is admonished that although these

billing entries reflect reasonably performed tasks, they must be charged at a reduced rate

comparable to that of a paralegal.

Also, the billing records submitted with Petitioner’s request reveal that attorney

Gentry seeks compensation for several paralegal tasks that have been improperly block-

billed with attorney level work. 4 Block-billing attorney level work along with paralegal

3 Entries considered paralegal in nature include drafting requests for medical records, following up on

medical records requests and drafting basic documents such as an exhibit list, PAR questionnaire, notice

of filing, notice of intent, statement of completion, cover sheet, joint notice not to seek review. Entries that

include paralegal tasks billed at an attorney rate include, but are not limited to, the following: 8/31/2021,

9/12/2021, 10/22/2021, 10/24/2021, 10/27/2021, 11/15/2021, 11/24/2021 (four entries), 8/25/2022,

8/30/2022, 11/20/2022, 2/22/2024, 6/4/2025, 6/6/2025. ECF No. 50-1 at 5-22.

4

Examples of entries that include both paralegal and attorney tasks include, but are not limited to, the

following: 9/12/2021, 10/24/2021, 11/24/2021 (two entries), 8/30/2022. ECF No. 50-1 at 5-22.

3

duties and/or administrative tasks in the same billing entry, makes it extremely difficult for

the Court to determine the actual amount of time counsel spent on attorney level work

compared to inappropriately billed tasks.

It is well established that block-billing is clearly disfavored in the Program. See

Broekelschen v. Sec’y of Health & Hum. Servs., 07-137V, 2008 WL 3903710 (Fed. Cl.

Spec. Mstr. Dec 15, 2006). Ultimately, several tasks lumped together with one-time entry

frustrates the court’s ability to assess the reasonableness of the request. In determining

the amount of reasonable hours, a special master has discretion to exclude hours

expended that are “’excessive, redundant, or otherwise unnecessary’” based on his or

her experience or judgment.” Hocraffer v. Health & Hum. Servs., No. 99-533V, 2011 WL

6292218, at *3 (Fed. Cl. Nov. 22, 2011). Additionally, The Vaccine Program’s Guidelines

for Practice state, “[e]ach task should have its own line entry indicating the amount of time

spent on that task.” 5

In evaluating a motion for attorney’s fees and costs, special masters “need not,

and indeed should not, become green-eyeshade accountants.” Fox v. Vice, 563 U.S. 826,

838, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011). Instead, in appropriate circumstances they

may make reasonable, across-the-board percentage adjustments.

Here, such an overall percentage cut is reasonable, and preferrable to a time-

consuming line-by-line review of the bill. I therefore reduce the total fees to be awarded

herein by five percent as a fair adjustment to account for the paralegal duties and block-

billing issues mentioned. Application of the foregoing reduces the total amount of

fees to be awarded by $1,484.36. 6

ATTORNEY COSTS

Petitioner has otherwise provided supporting documentation for all claimed costs.

ECF No. 50-1 at 23-39. Respondent offered no specific objection to the rates or amounts

sought. I find the requested costs reasonable and hereby award them in full.

5 The Guidelines for Practice can be found at the link below.

Please refer to page 76:

https://www.uscfc.uscourts.gov/guidelines-practice-under-national-vaccine-injury-compensation-program

6

This amount is calculated as follows: $29,687.38 x 0.05 = $1,484.36.

4

CONCLUSION

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 $29,026.10 (representing $28,203.02 in fees plus $823.08 in

costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account

for prompt disbursement. In the absence of a timely-filed motion for review (see

Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in

accordance with this decision. 7

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

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

renouncing their right to seek review.

5

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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