Brooks v. Secretary of Health and Human Services
14-563
| Fed. Cl. | Dec 8, 2017Background
- Petitioners William Jake Brooks and Monica Lynn Brooks filed a Vaccine Act claim on behalf of their son C.B., alleging rotavirus vaccination caused intussusception and related injuries; entitlement was conceded and awarded.
- Special Master previously awarded damages for pain and suffering and unreimbursable expenses; petitioners then sought attorneys’ fees and costs.
- Petitioners submitted multiple amended fee motions seeking $81,444.02 for attorneys’ fees and costs (fees for counsel Curtis R. Webb and Kristin Houser, paralegal time, expert consultation, and conservatorship/surety bond costs).
- Respondent offered a non-binding range of $23,000–$25,000 as a reasonableness estimate but did not file formal objections; Special Master retained independent review authority.
- The Special Master applied the lodestar/forum-rate framework, adopted forum rates for Mr. Webb consistent with Garrison, reviewed hours and billing descriptions, reduced vague or block-billed time and certain expert/administrative costs, and approved conservatorship and surety-bond costs as reimbursable.
- Final award: $77,683.62 total — paid in three lump sums (two checks jointly to petitioners and each counsel, and one to petitioners for conservatorship costs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate hourly rates | Webb and Houser requested forum rates (Webb: elevated to match Garrison decision; Houser requested specified rates) | Respondent did not contest rates substantively but suggested a low overall reasonable range | Awarded forum rates for Webb ($387.50 for 2014–15; $409 for 2016–17); Houser/paralegal rates found reasonable (consistent with citations) |
| Reasonableness of hours billed (counsel) | Counsel sought recovery for all billed hours (Webb 156.3 hrs; Houser and paralegal combined) | Respondent offered overall reasonableness range but no line-item objections | Reduced Webb by 0.6 hours for a billing error; otherwise found Webb’s hours reasonable given damages complexity; awarded almost all requested hours for Webb |
| Reasonableness/detail of paralegal and associate time | Houser sought recovery for paralegal Jones (51.7 hrs) and Houser (8.4 hrs) | Respondent again filed no line-item objections | Reduced Jones’ time by 23.5 hrs for vague/block entries (e.g., "Research," "Organizing file"); awarded remaining Houser/Jones fees totaling $7,062.00 |
| Recoverability and amount of expert/consultant and administrative costs | Requested consulting fees for two pediatric gastroenterologists, small administrative fees, and conservatorship/surety bond costs | Respondent did not oppose; questioned reasonableness implicitly via low overall range | Reduced one consultant rate (Hassall) from $650/hr to $500/hr; disallowed a $5 unexplained certificate cost; approved other consultation charges and $7,073.95 in conservatorship/surety bond costs as reasonable |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (endorses lodestar/forum-rate approach in Vaccine Program fee awards)
- Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. EPA, 169 F.3d 755 (D.C. Cir. 1999) (articulates exception to forum rates)
- Rodriguez v. Secretary of Health & Human Services, 632 F.3d 1381 (Fed. Cir. 2011) (affirms forum-rate determinations in Vaccine Act cases)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special masters have discretion over fee awards)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under Vaccine Act encompass all legal charges and prevent additional collection)
- Wasson v. Secretary of Health & Human Services, 24 Cl. Ct. 482 (Ct. Cl. 1991) (special masters may rely on their own experience to assess reasonableness of fees)
- Bell v. Secretary of Health & Human Services, 18 Cl. Ct. 751 (Cl. Ct. 1989) (fee applications must sufficiently detail billed time to permit special master review)