Barton v. Secretary of Health and Human Services
16-508
| Fed. Cl. | Dec 12, 2017Background
- Petitioner Michael Barton, administrator of Linda Barton’s estate, filed a Vaccine Program claim alleging Guillain-Barré syndrome from a 2013 influenza vaccine; a stipulation for damages was adopted May 4, 2017.
- Petitioner moved for final attorney’s fees and costs totaling $39,763.50, representing fees for two attorneys (Cohan and Carney), paralegal time, and litigation costs.
- Respondent did not oppose entitlement to fees and costs but left the amount to the Special Master’s discretion.
- Requested rates: Cohan $400/hr; Carney $275/hr (pre-Sept 2016) and $290/hr (after Sept 2016); paralegal $135/hr (2014–2016).
- Special Master reviewed prevailing Vaccine Program hourly ranges and prior decisions and reduced some rates: Carney’s entire 2016 work was awarded at $275/hr (reducing $775.50), and paralegal time in 2014–2015 awarded at $125/hr (reducing $43.00); paralegal 2016 awarded at $135/hr.
- The Special Master awarded a total of $38,945.00 in fees and costs, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorney’s fees and costs | Fees are recoverable under Vaccine Act after successful stipulation | Respondent consented to entitlement, reserved amount to Special Master | Entitlement satisfied; respondent deferred amount to Special Master |
| Hourly rate for lead counsel (Cohan) | $400/hr sought | Respondent did not contest rate | Awarded in full at $400/hr (consistent with Program precedent) |
| Hourly rate for associate counsel (Carney) | $275 for work before Sept 2016 and $290 after Sept 2016 | Respondent deferred to Special Master | Awarded $275 for all 2016 work and $290 for 2017 work; reduced request by $775.50 |
| Paralegal hourly rate | $135/hr for 2014–2016 | Respondent deferred to Special Master | Awarded $125/hr for 2014–2015 and $135/hr for 2016; reduced request by $43.00 |
Key Cases Cited
- No officially reported (volume/pagination) reporter citations were relied upon in this decision; the opinion principally cites unpublished or Westlaw decisions and the McCulloch fee schedule (unreported) to set rate ranges.