Braun v. Secretary of Health and Human Services
144 Fed. Cl. 72
| Fed. Cl. | 2019Background
- Petitioner Meryl Braun filed a Vaccine Act petition alleging GBS (and later SLE including GBS) caused by a 2013 influenza vaccination; entitlement was denied in an April 24, 2018 decision.
- After judgment, Braun moved for attorneys’ fees and costs seeking $21,150.00 in fees and $4,510.39 in costs (total $25,660.39 initially claimed).
- Respondent conceded statutory eligibility for fees and costs but left the quantum to the special master’s discretion.
- The special master evaluated (1) whether the claim was filed in good faith with reasonable basis, (2) counsel Martin Rubenstein’s hourly rates for 2016–2018, (3) reasonableness of hours billed, and (4) sufficiency of documentation for requested costs.
- The special master reduced Rubenstein’s rates for 2016–2017 to match the Office of Special Masters fee schedule, adjusted fees downward by $646.50, and disallowed $50.11 in costs for insufficient documentation, awarding a total of $24,963.78.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees under Vaccine Act | Braun sought fees/costs; petition was filed in good faith and had reasonable basis (supported by expert opinion). | Respondent agreed statutory requirements were met and deferred to special master on amount. | Award of fees/costs permitted; statutory requirements satisfied. |
| Hourly rate for counsel Rubenstein | Requested flat $450/hr for all years (2015–2018). | Respondent did not challenge merits but special master applied fee schedule norms. | Rates reduced to $430/hr (2016), $440/hr (2017), $450/hr (2018); total fee reduction $646.50. |
| Reasonableness of hours billed | Counsel billed 47.0 hours; sought full reimbursement. | No specific objections to hours from respondent. | Hours found reasonable; no further reductions beyond rate adjustment. |
| Documentation for costs | Initially submitted a costs list; supplemented with an Account Quick Report and three check copies. | Respondent did not object to entitlement but documentation was required under Guidelines. | Costs largely awarded, but $50.11 disallowed for inadequate documentation; remaining costs $4,460.28 awarded. |
Key Cases Cited
- Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482 (1993) (burden on petitioners to establish reasonableness of hours, rates, and expenses)
- Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (1992) (cost requests must be reasonable)
- Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201 (2009) (special master may reduce awards sua sponte)
- Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (2008) (discussing special master discretion on fee awards)