Bell-O'neal v. Secretary of Health and Human Services
13-835
| Fed. Cl. | May 4, 2017Background
- Petitioner Demetrice Bell-O’Neal filed a Vaccine Program petition on behalf of minor A.O. alleging Guillain-Barré Syndrome from a 2012 intranasal influenza vaccine.
- The parties stipulated to compensation and the special master issued a decision awarding damages to A.O. (Nov. 30, 2015).
- Petitioner sought final attorneys’ fees and costs totaling $76,333.73 (breakdown: attorneys’ fees $51,848.30; counsel costs $24,485.43).
- Counsel requested hourly rates of $300 for 2013–2015 and $359 for 2016, rates previously awarded in other Vaccine Program matters.
- Respondent did not object to the fee request or to any specific time entries; the court reviewed the submission for reasonableness.
- The special master awarded the full requested amounts, allocating sums to petitioner and various counsel/agents for fees, guardianship, and conservatorship costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | A.O. is entitled to fees/costs because compensation was awarded under the Vaccine Act | Respondent did not contest entitlement | Awarded: fees and costs allowed under 42 U.S.C. § 300aa-15(e) because petitioner prevailed |
| Hourly rates | Requested $300 (2013–2015) and $359 (2016); rates previously awarded in Program cases | Respondent did not object to the rates | Awarded: proposed rates found reasonable and granted |
| Reasonableness of hours billed | Counsel’s submitted hours were reasonable and necessary | Respondent raised no specific challenges to hours | Awarded: hours reviewed and found reasonable; no reductions imposed |
| Reimbursement of litigation and guardianship/conservatorship costs | Costs were documented and reasonable; petitioner advanced no costs | Respondent did not dispute costs | Awarded: all requested costs granted in full and apportioned as listed in the decision |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir.) (endorses lodestar two-step method for fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar calculation: hours times reasonable rate)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir.) (fees for unreasonable, redundant, or excessive hours may be reduced)