Arnold v. Secretary of Health and Human Services
15-534
| Fed. Cl. | Jul 25, 2017Background
- Petitioner Brittany Arnold (guardian of minor L.A.) filed a vaccine-injury petition and obtained compensation pursuant to a stipulation.
- Following the awarded compensation, Arnold moved for attorneys’ fees and costs totaling $28,907.57 ($20,594.00 fees; $8,313.57 costs).
- The Secretary conceded statutory entitlement to fees and costs but left the reasonableness and amount to the special master’s discretion.
- Fee request included time billed by attorney Paul R. Brazil (rates: $255 in 2015, $275 in 2016, $300 in 2017) and two paralegals at $125/hr.
- The special master applied the lodestar method: reasonable hourly rates, reasonable hours, then any adjustments; found rates reasonable but reduced hours for clerical entries and vague "review file" entries.
- Costs (medical records, filing fee, and a $7,875 expert consultation by Dr. Lawrence Steinman) were reviewed and awarded in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Arnold sought an award after obtaining compensation | Secretary agreed statutory requirements met | Entitlement established under Vaccine Act; award appropriate |
| Reasonable hourly rates | Requested rates for Brazil and paralegals are customary and reasonable | Respondent did not contest rates; left amount to discretion | Forum/Davis County analysis applied; requested rates found reasonable |
| Reasonable number of hours | Sought fees for billed hours as submitted | Respondent did not challenge hours specifically | Reduced fees by $1,100 for clerical billing and vague "review file" entries; remaining hours reasonable |
| Reasonableness of costs (expert and routine) | Sought $8,313.57 including $7,875 for Dr. Steinman | Respondent raised no specific objection to amounts | Awarded all costs in full (medical records, filing, and expert fee) |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (approves lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar method: hours times reasonable rate)
- Davis Cty. Solid Waste Mgmt. v. U.S. Envtl. Prot. Agency, 169 F.3d 755 (D.C. Cir.) (forum-rate exception when bulk of work performed elsewhere)
- Fox v. Vice, 563 U.S. 826 (U.S.) (trial courts may use "rough justice" in fee adjustments)
- Avgoustis v. Shinseki, 639 F.3d 1340 (Fed. Cir.) (vague billing entries such as "review file" may be insufficient)
- Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (hours must not be excessive, redundant, or unnecessary)
Award: $27,807.57 (fees $19,494.00; costs $8,313.57) paid jointly to petitioner and counsel.