Bailey v. Secretary of Health and Human Services
15-574
| Fed. Cl. | Jan 2, 2018Background
- Bailey sought Vaccine Program compensation for a 2013 influenza vaccine SIRVA; petition filed June 8, 2015.
- Proffer on award of compensation resulted in $125,000 damages on March 23, 2017.
- Petitioner filed a September 6, 2017 motion for attorney’s fees and costs totaling $25,401.21.
- Respondent defers to the special master on the amount but does not object to entitlement.
- Court addresses reasonable hourly rates, lodestar calculations, travel time, research, and fees-motion time reductions.
- Final award: $21,106.76 to petitioner and counsel, plus $400.00 to petitioner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable hourly rate for Dannenberg | Dannenberg rates should reflect Vermont forum-equivalent rates. | Rates should follow forum rules with Davis exception if work mainly outside DC. | Rates set at $237 (2014-2015), $238 (2016), $244 (2017) under Davis/PPI-OL framework. |
| Application of the lodestar and adjustments | Total hours and rates produce a reasonable lodestar. | Adjustments needed for travel, research, and fees-motion time. | Lodestar reduced by travel (half-rate), research, and fees-motion time; final lodestar adjusted. |
| Travel time compensation | Travel time should be compensated at half rate. | Travel time may be differently treated; reduce as appropriate. | Travel time reduced by $177.75 (half of travel hours at 2014 rate). |
| Non-compensable research | Research time is compensable if reasonably incurred. | Basic research into Vaccine Program should not be billed as compensable. | Research time reduced by $361.80; non-compensable research excluded. |
| Fees motion time | Fees motion time warranted given complexity. | Fees-motion time excessive for a simple application. | Fees-motion time reduced by $585.60 (half of 2.4 hours at 2017 rate). |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (lodestar framework and forum-rate considerations for Vaccine Act fees)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (reasonableness and adjustments to the lodestar standard)
- Davis Cty. Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. U.S. E.P.A., 169 F.3d 755 (D.C. Cir. 1999) (Davis exception for forum-rate modifications when work outside DC)
- Rodriguez v. Sec’y of Health & Human Servs., 632 F.3d 1381 (Fed. Cir. 2011) (Vaccine Act litigation not analogous to complex federal litigation)
- Masias v. Sec’y of Health & Human Servs., 634 F.3d 1283 (Fed. Cir. 2011) (attorneys’ rates appropriate for Vaccine Program work distinct from tort litigation)