Beene v. Secretary of Health and Human Services
19-1467
Fed. Cl.Aug 4, 2021Background:
- Petitioner Billy Beene filed a Vaccine Program petition on Sept. 24, 2019, alleging Guillain-Barré syndrome from an October 10, 2016 influenza vaccine.
- Petitioner moved to dismiss on Jan. 12, 2021, stating he could not prove entitlement; the Special Master dismissed the petition the same day.
- On April 12, 2021, Petitioner sought final attorneys’ fees and costs totaling $19,304.22 ($18,340.90 in fees; $963.32 in costs).
- Respondent did not oppose entitlement to fees and costs and asked the Special Master to exercise discretion to determine a reasonable award.
- The Special Master found the petition was filed in good faith with a reasonable basis, reviewed billing and cost documentation, and awarded the full requested amount, payable jointly to Petitioner and counsel.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees after dismissal | Petition was filed in good faith and had a reasonable basis, so fees are allowable under the Vaccine Act | Respondent agreed statutory requirements were met and deferred to Special Master on amount | Awarded fees and costs; entitlement found under Avera standard |
| Reasonableness of hourly rates | Requested graduated rates for counsel (2017–2021) consistent with prior awards | No objection to requested rates | Rates found reasonable and approved |
| Reasonableness of hours billed | Billing entries were contemporaneous, specific, and adequately described work | No objection to hours; Respondent raised no reductions | Hours deemed reasonable; full requested fees awarded ($18,340.90) |
| Recoverable attorneys’ costs | Requested $963.32 for medical records, postage, and filing fee with documentation | No objection | Costs found reasonable and awarded in full ($963.32) |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (fees available if petition filed in good faith and with reasonable basis)
- Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (special master has wide discretion to determine reasonable fees)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (reasonable hourly rates based on prevailing market rate)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (hours must be reasonably expended; exclude excessive or redundant time)
- Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl.) (fee applications must include contemporaneous, specific billing records)
- Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl.) (attorneys’ costs must be reasonable)