Castle v. Secretary of Health and Human Services
15-222
| Fed. Cl. | Mar 6, 2017Background
- Petitioner Melvin Keith Castle filed a Vaccine Act petition alleging injuries (including neuropathy and thrombocytopenia) from a Tdap vaccination given January 24, 2014.
- The parties filed a stipulation and petitioner was awarded compensation on December 2, 2016.
- Petitioner moved for attorneys’ fees and costs on February 6, 2017, requesting $62,006.02 total ($49,261.50 fees; $12,744.52 costs).
- Respondent agreed statutory requirements for an award were met and deferred to the special master to determine a reasonable amount.
- The special master applied the lodestar method, evaluated forum vs. local rates for Black McLaren (Memphis) attorneys, reviewed hourly rates and hours, and examined requested costs (medical records, experts, filing, travel, etc.).
- The special master reduced a 2016 paralegal rate and reclassified one associate (Rebecca Hinds) to a lower rate due to lack of experience evidence, resulting in a final award of $61,326.52.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to reasonable attorneys’ fees and costs under the Vaccine Act | Castle sought fees and costs after successful stipulation award | Respondent conceded statutory entitlement and left amount to the special master | Award appropriate; fees and costs permissible under 42 U.S.C. §300aa-15(e) |
| Applicable hourly rates (forum vs. local) for Black McLaren attorneys | Requested forum (D.C.) rates for firm attorneys based in Memphis | Respondent did not contest; urged special master discretion | Special master adopted forum rates, finding Memphis rates not "very significantly" different from D.C. rates (followed Henry reasoning) |
| Reasonableness of specific billed rates and hours | Submitted contemporaneous billing; requested various partner, associate, and paralegal rates and detailed hours | Respondent deferred to special master to determine reasonableness | Hours found reasonable; minor rate adjustments made: reduced 2016 paralegal rate from $150 to $145 and awarded lower rate for associate Hinds due to lack of experience evidence |
| Reasonableness of requested costs | Requested $12,744.52 for records, experts, travel, filing, etc. | Respondent did not object to costs' reasonableness | Costs awarded in full as reasonable |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach and forum-rate presumptions)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar formula: hours times reasonable rate)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters have discretion in fee awards and may rely on experience)
- Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. United States Envtl. Prot. Agency, 169 F.3d 755 (D.C. Cir. 1999) (forum-rate exception where local rates are "very significantly" lower)
- Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (reasonableness requirement applies to costs)
- Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (award intended to cover all legal expenses; counsel may not collect additional fees beyond award)