Al-Uffi v. Secretary of Health and Human Services
13-956
| Fed. Cl. | Nov 14, 2017Background
- 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- None (opinion cites prior Special Master decisions and unpublished Vaccine Program rulings without official reporter citations).
