Bean-Sasser v. Secretary of Health and Human Services
13-326
| Fed. Cl. | Oct 3, 2017Background
- Petitioner Earleen Bean-Sasser alleged hepatitis B vaccine caused rheumatoid arthritis; after hearing and post-hearing briefing, compensation was denied.
- Special Master denied compensation (Apr. 5, 2016); Court of Federal Claims denied review (June 28, 2016).
- Petitioner sought attorneys’ fees and costs of $103,817.98 under the Vaccine Act; respondent conceded statutory eligibility and deferred to the Special Master on amount.
- Billing records show work performed primarily from San Angelo, Texas (outside D.C.); attorney James R. Kneisler, Jr. and two paralegals billed for the matter; petitioner’s expert was Dr. Ernest N. Charlesworth.
- Special Master applied the lodestar method, determined local (non-forum) rates were appropriate under Avera/Davis County analysis, reduced fees for vague entries and clerical tasks, adjusted paralegal compensation, and reduced part of the expert’s requested fees.
- Final award: $79,471.98 total (fees $79,471.98; costs awarded to counsel and petitioner split as a $77,929.13 check to petitioner and attorney, plus $1,542.85 to petitioner personally).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Eligibility for fees despite losing | Bean-Sasser argued she brought claim in good faith with reasonable basis (expert reports) | Respondent conceded statutory requirements satisfied | Award of fees appropriate under 42 U.S.C. § 300aa–15(e) |
| 2. Proper hourly rate for attorney Kneisler (forum vs local) | Requested $295/hr (no clear forum claim) | Respondent deferred to Special Master | Applied Avera/Davis County analysis; awarded local rate $240/hr |
| 3. Reasonable number/detail of attorney hours | Claimed 223 hours for Kneisler | Respondent did not object to hours but deferred amount | Reduced Kneisler hours 10% for vague entries → credited 200.7 hrs; awarded $48,168.00 |
| 4. Paralegal rates and clerical billing | Requested $100/hr (Godet) and $80/hr (Kneisler III); billed 108.6 and 50.7 hrs | Respondent deferred to Special Master | Reduced paralegal compensation 25% for vague/clerical entries; awarded $8,145.00 and $3,042.00 respectively |
| 5. Expert fees and billing practice | Expert sought $450/hr and a $5,000 appearance fee; billed aggregated entries and whole hearing day | Respondent deferred to Special Master | Accepted $450/hr but reduced expert fees $3,000 for vague/block billing and inappropriate flat appearance fee; awarded adjusted expert costs |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach for Vaccine Act fee awards and discusses forum-rate vs local-rate analysis)
- Blum v. Stenson, 465 U.S. 886 (1984) (applicant bears burden to show requested rates align with prevailing community rates)
- Masias v. Secretary of Health & Human Services, 634 F.3d 1283 (Fed. Cir. 2011) (Vaccine Program not complex litigation; guides rate-setting and Avera application)
- Raney v. Federal Bureau of Prisons, 222 F.3d 927 (Fed. Cir. 2000) (burden on fee applicant to produce satisfactory evidence of prevailing rates)
- Avgoustis v. Shinseki, 639 F.3d 1340 (Fed. Cir. 2011) (attorney billing entries should adequately describe activities; privilege does not generally shield such detail)