Castaneda v. Secretary of Health and Human Services
15-1066
| Fed. Cl. | Aug 26, 2019Background
- Petitioner Kathy Castaneda filed a Vaccine Program petition on behalf of her minor son alleging injuries from multiple vaccinations in 2015 and sought interim attorneys’ fees and costs in 2018.
- Petitioner requested $62,481.50 in attorneys’ fees and $35,452.03 in costs (total $97,933.53); the Special Master initially awarded $57,575.85 in fees and $27,408.92 in costs (total $84,984.77), cutting certain lodging and other costs.
- Petitioner moved for reconsideration of reductions to lodging and related charges, submitting additional documentation showing hotel comparators, proof of counsel’s complimentary upgrades, and that a $500 charge was for a meeting room.
- The Special Master granted reconsideration, concluded the lodging rates and meeting-room charge were reasonable and compensable, adjusted expert and travel-related costs (including lowering the expert hourly rate), and reduced fees for duplicative/excessive billing.
- After reductions for excessive/duplicative billing, travel, expert rate/hours, and miscellaneous items, the Special Master awarded interim fees and costs totaling $87,369.97 (fees $57,575.85; costs $29,794.12), payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether requested lodging costs (JW Marriott, upgraded rooms, $500 meeting charge) were reasonable | Lodging rates were comparable to local hotels for relevant dates; upgrades were complimentary via counsel’s rewards status; $500 was for meeting-room used for hearing prep | Respondent deferred to Special Master to determine reasonableness (no substantive objection) | Lodging rates and $500 meeting-room charge awarded in full; a $2.49 long-distance phone charge denied |
| Whether petitioner is entitled to interim attorneys’ fees and costs | Interim award appropriate to avoid undue hardship; case protracted and required expert costs | Respondent deferred to Special Master’s discretion; did not contest good faith/reasonable basis | Interim fees and costs granted—Special Master found petition filed in good faith with reasonable basis and undue hardship factor supported interim award |
| Whether expert (Dr. Chang) rate/hours were reasonable | Sought $550/hr and billed 43.5 hours (with some billing arithmetic errors); travel included work | No substantive contest recorded | Hourly rate reduced to $500/hr; travel return time halved; total expert award reduced to $19,500 from $23,875 |
| Whether billing entries contained excessive, duplicative, or administrative charges warranting reduction | Counsel submitted detailed invoices and contemporaneous entries | Respondent did not press objections but Special Master reviews sua sponte | Reductions made: overall attorney-fee reductions for duplicative/excessive entries and travel (total fee reduction $4,905.65); paralegal and internal-communication entries reduced; certain miscellaneous costs (fax, duplicate meal receipt, excessive airfare) reduced |
Key Cases Cited
- Shaw v. Secretary of Health & Human Services, 609 F.3d 1372 (Fed. Cir. 2010) (interim fees may be awarded when claimant shows undue hardship and good-faith basis)
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (discusses factors supporting interim fees in protracted, costly cases)
- Cloer v. Secretary of Health & Human Services, 675 F.3d 1358 (Fed. Cir. 2012) (declares that denying interim attorneys’ fees undermines Vaccine Act’s purposes)
- Sabella v. Secretary of Health & Human Services, 86 Fed. Cl. 201 (Fed. Cl. 2009) (special master may reduce fee awards sua sponte)
- Perreira v. Secretary of Health & Human Services, 27 Fed. Cl. 29 (Fed. Cl. 1992) (costs must be reasonable for reimbursement)