Autry v. Secretary of Health and Human Services
16-785
| Fed. Cl. | Jan 8, 2018Background
- Petitioner Eliana Autry filed a Vaccine Act petition alleging neurological injuries after a varicella vaccination on July 2, 2013.
- Counsel Michael G. McLaren sought interim attorneys’ fees and costs on November 11, 2017: $62,186.00 in fees and $12,644.76 in costs (total $74,830.76).
- Respondent did not object to the amounts but asked the Special Master to exercise discretion in determining the proper award.
- The motion noted counsel’s intent to withdraw, a circumstance in which interim fees are commonly awarded.
- The Special Master applied the lodestar methodology (forum-hour rates per McCulloch/Office of Special Masters fee schedule) and reviewed reasonableness of hours and costs.
- The Special Master found the requested rates, hours, and costs reasonable and granted the full interim award, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to interim fees and costs | Motion for interim award of $62,186 (fees) and $12,644.76 (costs) because counsel will withdraw and litigation costs impose hardship | No specific objection to amount; asked court to exercise discretion | Interim award granted in full; $74,830.76 payable jointly to petitioner and counsel |
| Existence of good‑faith and reasonable‑basis for claim | Petition brought in good faith with reasonable basis to proceed | Did not contest good faith or reasonable basis | Good faith and reasonable basis found—conditions for interim award satisfied |
| Appropriate hourly rates and lodestar calculation | Requested rates are consistent with prior approvals for counsel; hours submitted reasonable | No objection to rates/hours; asked Special Master to exercise discretion | Requested forum rates and hours accepted; lodestar awarded as requested |
| Reasonableness of claimed costs | Costs for medical records, shipping, expert fees, and travel are reasonable | No item-specific objections | All requested costs found reasonable and awarded in full |
Key Cases Cited
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (fee award automatic if petitioner succeeds on merits)
- Avera v. Secretary of Health & Human Servs., 515 F.3d 1343 (2008) (endorsing lodestar method under Vaccine Act)
- Blum v. Stenson, 465 U.S. 886 (1984) (definition of reasonable hourly rate)
- Rodriguez v. Secretary of Health & Human Servs., 632 F.3d 1381 (2011) (forum rates generally apply; Davis County exception explained)
- Shaw v. Secretary of Health & Human Servs., 609 F.3d 1372 (2010) (interim fees may be awarded when litigation imposes undue hardship)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Saxton ex rel. Saxton v. Secretary of Health & Human Servs., 3 F.3d 1517 (1993) (special masters may reduce hours in exercise of discretion)
- Broekelschen v. Secretary of Health & Human Servs., 102 Fed. Cl. 719 (2011) (approving percentage reductions of submitted hours)