Butler v. Secretary of Health and Human Services
16-1620
| Fed. Cl. | Aug 30, 2017Background
- Petitioner Daniele Butler filed a Vaccine Program petition on behalf of her minor child, C.B., alleging DTaP vaccination (Dec. 9, 2013) caused infantile spasms/West Syndrome and developmental delay.
- Respondent filed a Rule 4(c) report declining compensation; the special master raised concerns about the claim’s viability.
- Counsel received the case several months before filing and gathered most records by the filing month; billing shows 88.70 total hours, 58.2 hours by filing.
- Medical records showed onset four to five weeks after vaccination and other weaknesses; prior Program decisions have rejected the same causation theory.
- Petitioner moved to dismiss; the motion was granted after Petitioner requested time to decide, resulting in a dismissal about six months after filing.
- Petitioner sought $14,865.79 in fees/costs; special master found only a modest award appropriate due to lack of reasonable basis after January 2017 and counsel’s delays/inefficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the unsuccessful claim had a reasonable basis for full fees | Claim was filed partly to preserve limitations and counsel investigated pre-filing; fees justified | Respondent conceded statutory requirements met but deferred amount to court | Reasonable basis existed only through Jan 2017; full fees denied, modest award granted |
| Whether counsel’s billed hours were reasonable given claim weaknesses | Counsel spent substantial time investigating and drafting; rates requested are standard | Respondent did not contest rates but left reductions to court discretion | Reduced hours: excluded post-Jan 2017 work except wind-down; 30% cut to pre-Jan hours; total awarded hours 57.47 |
| Appropriateness of requested hourly rates | Requested rates for attorneys and paralegals match prior awards | Respondent did not dispute rates | Hourly rates were reasonable and awarded as requested |
| Whether requested litigation costs are reasonable | Request included $1,177.29 in costs | Respondent did not contest costs | Costs awarded in full ($1,177.29) |
Key Cases Cited
- Taylor v. Secretary of Health & Human Services, 108 Fed. Cl. 807 (2013) (rejecting DTaP-to-infantile-spasms causation theory)
- Allicock v. Secretary of Health & Human Services, 128 Fed. Cl. 724 (2016) (discussing reasonable-basis standard for fees awards; aff’g special master decisions)
- Lamb v. Secretary of Health & Human Services, 24 Cl. Ct. 255 (1991) (attorney investigation into claim underpinning is relevant to reasonable-basis inquiry)
- Grice v. Secretary of Health & Human Services, 36 Fed. Cl. 114 (1996) (good faith is readily presumed absent evidence of bad faith)