VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00509
Package ID: USCOURTS-cofc-1_08-vv-00509
Petitioner: STEPHANIE T. HEMENWAY, mother and natural guardian, ANDREW B. HEMENWAY, a minor
Filed: 2014-03-07
Decided: 2014-03-07
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Stephanie T. Hemenway, as mother and natural guardian of Andrew B. Hemenway, a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 7, 2014. The case was dismissed by Chief Special Master Vowell on August 2, 2013, with judgment entered on September 16, 2013. On February 9, 2014, petitioner filed a motion for attorney fees and costs, requesting $24,377.55 in fees and $173.22 in costs. Respondent indicated they would defer to the Chief Special Master regarding the resolution of the fee request. The Chief Special Master applied the lodestar method to determine reasonable attorney fees and costs. Reductions were made to the hours billed for the fee application and the hourly rate applied to certain entries. The litigation costs requested were deemed reasonable and awarded in full. Ultimately, the Chief Special Master awarded $23,778.10 in attorney fees and costs, payable jointly to the petitioner and her counsel.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_08-vv-00509-0
Date issued/filed: 2014-03-31
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 03/072014) regarding 59 DECISION of Special Master - Fees Signed by Chief Special Master Denise Kathryn Vowell. (tpj) Copy to parties.
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Case 1:08-vv-00509-UNJ Document 60 Filed 03/31/14 Page 1 of 3
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF THE SPECIAL MASTERS
No. 08-509V
Filed: March 7, 2014
*******************************************************
STEPHANIE T. HEMENWAY, *
mother and natural guardian, ANDREW B. *
HEMENWAY, a minor, *
Petitioner, * Attorney Fees and Costs.
*
v. *
*
SECRETARY OF THE DEPARTMENT OF *
HEALTH AND HUMAN SERVICES *
Respondent. *
*******************************************************
Clifford Shoemaker, Esq., Shoemaker and Associates, Vienna, VA for petitioner.
Ann Martin, Esq., US Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
In this case under the National Vaccine Injury Compensation Program,2 I issued
a decision dismissing this case on August 2, 2013. Judgment entered on September
16, 2013.
On February 9, 2014, petitioner filed a motion for attorney fees and costs, in
which she requests $24,377.55 in fees and $173.22 in costs, for a total award of
$24,550.77. In the response pleading, filed on February 27, 2014, respondent indicated
that “she is waiving her opportunity to file specific objections to petitioner’s Application
and defers to the Chief Special Master regarding its resolution.”
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete 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
delete such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:08-vv-00509-UNJ Document 60 Filed 03/31/14 Page 2 of 3
I. Determining the Amount of Fees and Costs to be Awarded.
The Vaccine Act authorizes “reasonable attorneys’ fees and other costs.”
§ 15(e)(1). The Court of Federal Claims has recognized that it is within the discretion of
the special master to determine the reasonableness of a request for attorneys’ fees.
Rodriguez v. Sec’y, HHS, 91 Fed. Cl. 453, 462 (2010). A special master may reduce a
fee request sua sponte. Sabella v. Sec’y, HHS, 86 Fed. Cl. 201, 208-09, 221 (2009);
Carrington ex rel. Carrington v. Sec’y, HHS, 85 Fed. Cl. 319, 322 (2008).
A. Attorney Fees.
I apply the lodestar method, in which a reasonable hourly rate is multiplied by the
reasonable number of hours, to determine the amount of attorneys’ fees to be awarded.
Avera v. Sec’y, HHS, 515 F.3d 1343, 1347-48 (Fed. Cir. 2008).
1. Reduction in Hours Billed.
Mr. Shoemaker billed 5.0 hours in 2014 for reviewing time and expense records,
working on the fee application, and filing the application. Billing Records at 5. Given
the extremely concise nature of the fee application, consisting of less than 100 words,
and his experience litigating in the Vaccine Program, I find this amount to be excessive.
I will award petitioner 3.0 hours for the preparation and filing of the fee application.
2. Reduction in Hourly Rate.
The number of hours billed by Ms. Knickelbein on December 21, 2010 (.3) and
January 4, 2011 (.1) are reasonable, however the hourly rate is not. It appears that the
hourly rate of Mr. Shoemaker was incorrectly applied to the time billed. Billing Records
at 4. I will compensate these .4 hours at Ms. Knickelbein’s hourly billing rate of
$205.00.
B. Litigation Costs.
In addition to reasonable attorneys’ fees, petitioners in the Vaccine Program may
be awarded reasonable litigation costs. § 15(e)(1). Petitioner’s motion included a
General Order #93 statement reflecting that petitioner incurred no personal litigation
expenses in connection with this case. The litigation expenses sought by petitioner’s
counsel ($173.22)4 appear reasonable and I will award the full amount requested.
3 General Order #9 is available on the court’s website, http://www.uscfc.uscourts.gov/sites/default/
files/General%20Order%20No.%209.pdf.
4 The expenses include photocopies ($24.30), postage ($1.32), and printing costs ($147.60), for a total of
$173.22.
2

Case 1:08-vv-00509-UNJ Document 60 Filed 03/31/14 Page 3 of 3
III. Conclusion.
I hold petitioner is entitled to reasonable attorneys’ fees and costs pursuant to
§§ 15(b) and (e)(1).
For the reasons contained herein, I hereby award $23,778.10,5 in the form of a
check payable jointly to petitioner and petitioner’s counsel of record for
petitioner’s attorney fees and costs.
The clerk of the court shall enter judgment in accordance herewith.6
IT IS SO ORDERED.
s/ Denise K. Vowell
Denise K. Vowell
Chief Special Master
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, 42 U.S.C. § 300aa-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, HHS, 924
F.2d 1029 (Fed. Cir.1991).
6 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
3