Bell v. Secretary of Health and Human Services
15-1588
| Fed. Cl. | Oct 6, 2016Background
- Petitioner Evelyn Bell filed a Vaccine Act claim alleging left brachial plexopathy after a September 19, 2014 influenza vaccination; compensation was awarded based on respondent’s proffer on July 6, 2016.
- Petitioner filed a motion for attorneys’ fees and costs requesting $21,549.50 in fees and $1,435.53 in costs (total $22,985.03); counsel stated no out-of-pocket expenses for the petitioner.
- Respondent conceded the statutory requirements for an award were met but opined a reasonable fee range was $12,000–$15,000, citing SIRVA cases and asserting no formal role in fee resolution.
- Petitioner filed a reply and sought an additional $725 for reply preparation (2.5 hours at Attorney Carney’s rate); counsel also submitted billing records and a list of prior similar awards.
- The Chief Special Master reviewed billing records, reduced the time allowed for reply preparation from 2.5 to 1.5 hours (reducing the $725 request to $435), and found the overall request reasonable.
- The court awarded attorneys’ fees and costs in a lump sum of $23,420.03, payable jointly to petitioner and petitioner’s counsel, and noted the award covers all legal expenses and precludes additional collection by counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statutory requirements for fees/costs are met | Bell contended fees and costs requested are reasonable and supported by billing records | Respondent agreed requirements were met | Requirements satisfied; fee award appropriate |
| Reasonableness of requested total amount | Requested $21,549.50 fees + $1,435.53 costs; plus $725 for reply | Suggested a reasonable range of $12,000–$15,000 based on SIRVA precedents | Court found request generally reasonable but adjusted one time entry |
| Billing entry for reply brief | Sought 2.5 hours ($725) for reply preparation | Respondent challenged reasonableness indirectly by proposing lower overall amounts | Court reduced reply time to 1.5 hours ($435) as counsel had prior similar filings |
| Form and scope of award | Requested lump-sum payment to counsel/petitioner | Respondent took no position on form; emphasized role limits | Awarded $23,420.03 as lump sum to petitioner and counsel; barred additional charges by counsel |
Key Cases Cited
- Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not collect fees or costs in addition to the amount awarded under the Vaccine Act)