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Al-Uffi v. Secretary of Health and Human Services
13-956
| Fed. Cl. | Nov 14, 2017
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Background

  • Petitioner Raja Bowlds (originally filed by parent) alleged that the HPV vaccine administered December 8, 2010 caused anti-NMDA receptor encephalitis; petition filed Dec. 5, 2013 under the Vaccine Program.
  • Special Master issued a Ruling on Entitlement in August 2016 and adopted the parties’ proffer in a decision dated Sept. 22, 2017, awarding compensation.
  • Petitioner sought final attorney’s fees and costs on Sept. 27, 2017, requesting a combined $52,891.76 ($41,121.00 in attorney fees and $11,770.76 in costs).
  • Requested hourly rates: Downing $350 (2015–16) / $375 (2017); Van Cott $195 (2016–17); Redman $195 (2015); paralegals $100 (2015–16) / $135 (2017).
  • Costs included $10,075 for expert reports and $1,695.76 for records, copying, mailing, and research.
  • Respondent did not oppose fee eligibility and deferred to the Special Master on the amount; Special Master found rates, time, and costs reasonable and awarded the full requested amount to be paid jointly to petitioner and counsel.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to attorney’s fees and costs under the Vaccine Act Fees and costs are recoverable after successful claim; requested amounts are reasonable Did not dispute awardability; deferred to Special Master on amount Fees and costs awardable; Special Master may exercise discretion on amount
Hourly rates for counsel and paralegals Requested rates consistent with prior Vaccine Program awards for these attorneys No objection to the specific rates requested Requested hourly rates were awarded in full
Reasonableness of attorney time billed Time entries and totals are reasonable for work performed July 2015–2017 No objection to hours claimed Attorney time approved as reasonable
Recoverability and amount of litigation costs (including experts) Expert fees ($10,075) and other costs ($1,695.76) reasonable and necessary Respondent did not identify any costs as objectionable All requested costs awarded in full

Key Cases Cited

  • None (opinion cites prior Special Master decisions and unpublished Vaccine Program rulings without official reporter citations).
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Case Details

Case Name: Al-Uffi v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Nov 14, 2017
Docket Number: 13-956
Court Abbreviation: Fed. Cl.