Wyn v. Secretary of Health and Human Services
CourtUnited States Court of Federal Claims
Date FiledSeptember 21, 2026
Docket19-1343V
JudgeChristian J. Moran
StatusPublished
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Full Opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
**********************
RENEE WYN, *
* No. 19-1343V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 28, 2026
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
**********************
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner;
Elizabeth Andary, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION AWARDING
ATTORNEYS’ FEES AND COSTS1
Pending before the Court is petitioner Renee Wyn’s motion for final
attorneys’ fees and costs. She is awarded $162,516.80.
I. Procedural History
On September 3, 2019, Renee Wyn (“petitioner”), filed a petition for
compensation under the Nation Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10 through 34, alleging that the influenza (“flu”) vaccine she received on
or about August 29, 2016, caused her to suffer from Guillain-Barre Syndrome
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 (2018) (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.
(“GBS”). On November 10, 2025, the parties filed a joint stipulation which the
undersigned adopted as his decision on the same day. 2025 WL 3513068.
On December 3, 2025, petitioner filed a motion for attorneys’ fees and costs
(“Fees App.”). Petitioner requests attorneys’ fees in the amount of $156,795.90,
and attorneys’ costs in the amount of $13,560.70, for a total request of
$170,355.90. Fees App. at 1. Petitioner warrants that she personally did not incur
any costs related to the prosecution of this case. Fees App. Ex. 2. On December 16,
2025, respondent responded to petitioner’s motion with his boilerplate response.
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 4. On the same day Petitioner filed a reply, and on
August 28, 2026, petitioner filed additional documentation to support her requested
costs. Fees App. Ex. 1C.
II. Reasonable Amount of Attorneys’ Fees and Costs
Because petitioner received compensation, she 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
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).
2
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 his attorney, Mr.
John Howie: $383.00 per hour for work performed in 2018, $395.00 per hour for
work performed in 2019, $420.00 per hour for work performed in 2020, $441.00
per hour for work performed in 2021, $466.00 per hour for work performed in
2022, $492.00 per hour for work performed in 2023, $520.00 per hour for work
performed in 2024, and $570.00 per hour for work performed in 2025. Fees App.
at 1, Ex. 1B. Petitioner also requests between $50.00-$195.00 per hour for work
performed by paralegal Elisa Bautista. The undersigned has reviewed the requested
rates and finds them to be reasonable and consistent with what the undersigned has
previously awarded to petitioner’s counsel for his Vaccine Program work. See, e.g.
Sites v. Sec’y of Health & Human Servs., No. 23-492V, 2025 WL 2642642 (Fed.
Cl. Spec. Mstr. Aug. 15, 2025). Accordingly, the requested hourly rates are
reasonable.
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. Nevertheless, after reviewing the submitted billing statement, the
undersigned finds that the overall hours spent on this matter requires reduction.
The undersigned has reviewed the submitted billing entries and finds the
request to be largely reasonable, but a reduction is necessary due to the following
issues. First, Mr. Howie billed time for tasks which are more paralegal in nature
such as requesting medical records from providers and preparing exhibits for
filing. When an attorney does the work of a paralegal or administrative assistant,
he or she should be paid a rate commensurate with the nature of the work. See
Valdes v. Sec’y of Health & Human Servs., 89 Fed. Cl. 415, 425 (2009) (noting
that “the Special Master exercised appropriate discretion in denying requested
3
costs for work performed by Petitioner’s counsel’s associate” when the special
master determined “that the associate's time spent obtaining medical records was
more consistent with paralegal duties.”).
Second, Ms. Bautista billed time for review of documents which Mr. Howie
had also billed time to review, leading to an excessive amount billed for their
review. Finally, a similar problem is the amount of interoffice communication
between Mr. Howie and his paralegal concerning the drafting of documents and
their filing, which has led to an excessive amount billed for these tasks.
Accordingly, to accomplish rough justice, the undersigned shall apply a 5%
reduction the final award of attorneys’ fees, resulting in a reduction of $7,839.80.
Petitioner is therefore awarded final attorneys’ fees of $148,956.10.
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
$13,560.70 in attorneys’ costs. See Fees App. at 1, Exs. 1B, 1C. These costs are
comprised of photocopies, postage, the Court’s filing fee, acquiring medical
records, two hearing transcripts, costs associated with renting a courtroom and
laptop for the hearing, and expert services provided by Dr. James Buswinka. See
Fees App. Ex. 1C.
Petitioner paid Dr. Buswinka, her treating neurologist at the time of
vaccination, a flat $2,500.00 retainer2 to testify at the fact hearing regarding onset
held on February 20-21, 2025. Fees App. Ex. 1C at 15. No contemporaneous
billing records were submitted to support the reimbursement Dr. Buswinka’s
retainer. The hearing transcript reveals that on the first day of testimony, Dr.
Buswinka testified for approximately four hours. See Onset Hearing Tr. 362:8-
482:10, Feb. 20, 2025. Additionally, regarding Dr. Buswinka’s retainer, petitioner
explained, “Dr. Buswinka spent time preparing for his testimony, as he testified
during the hearing, and he also spent nearly the entire day on the first day of the
hearing observing and/or testifying.” Fees App. at 10.
Under the Vaccine Program’s practice guidelines, an “expert’s services must
be identified with particularity in contemporaneous, dated records indicating the
2
While is no invoice in the record for Dr. Buswinka, there is a copy of the check and
check stub reflecting that Dr. Buswink was paid a $2,500.00 retainer, and the check stub notes “5
hours at $500 per hour.” Fees App. Ex. 1C at 19.
4
amount of time spent on each task.” See Guidelines for Practice Under the
National Vaccine Injury Compensation Program at 75-78. Additionally, “the
particular tasks for which fees are claimed, the amount of time spent on that task,
the person who performed the task, and that person’s billed hourly rate must be
identified in contemporaneous, dated records.” Id. Petitioner’s counsel must
provide sufficient evidence to warrant approval of an expert’s hourly rate. See
Vogler v. Sec’y of Health & Human Servs., No. 11-424V, 2013 WL 1635860, at
*2 (Fed. Cl. Spec. Mstr. Mar. 24, 2013). This is true even if an expert is only paid
a retainer fee. Although Dr. Buswinka did not provide detailed billing records,
based on the amount of time he spent testifying at the hearing, in addition to any
time he may have required to prepare for the hearing, the undersigned finds that the
amount he billed was reasonable and will award it in full. Counsel is cautioned that
a future failure to provide contemporaneous billing records for expert services
could result in a reduction or denial of compensation for those costs.
The undersigned has reviewed all of the costs and finds them to be
reasonable. Respondent did not object to the costs sought. Accordingly, the
attorneys’ costs shall be fully reimbursed. Petitioner is therefore awarded final
attorneys’ costs in the amount of $13,560.70.
III. 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 attorneys’ fees and
costs as follows: a lump sum of $162,516.80 (representing $148,956.10 in
attorneys’ fees and $13,560.70 in attorneys’ cost incurred costs) to be paid through
an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement.
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.3
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3
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