Collins v. Secretary of Health and Human Services
15-661
| Fed. Cl. | Apr 10, 2017Background
- Petitioner Arthur Collins filed a Vaccine Act petition alleging Guillain-Barré syndrome from a 2013 influenza vaccine; a stipulation awarded $200,000 in damages.
- Petitioner moved for attorneys’ fees and costs requesting $32,641.90 in fees and $3,171.03 in costs, plus $16.80 in personally-incurred costs.
- Counsel (Isaiah R. Kalinowski) sought forum (D.C.) rates: $361/hr for 2014–2015, $349/hr for 2016, and specified paralegal rates; Respondent argued a lower overall award and urged application of prior fee decisions.
- Special Master applied the lodestar framework (Avera) and McCulloch experience-based rate ranges to evaluate reasonable hourly rates.
- The Special Master reduced counsel’s 2014–2015 rate to $325/hr (keeping $349 for 2016), and partially reduced travel-time compensation where contemporaneous work during travel was not documented.
- Final award: attorneys’ fees reduced to $27,902.05, costs awarded in full; total payment of $31,089.88 (split checks as specified).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate hourly rate for attorney | Requested $361/hr (2014–2015) and $349/hr (2016); requested forum rates given D.C. practice | Urged use of lower rates consistent with prior decisions (e.g., Scharfenberger) and noted unexplained rate change | Applied McCulloch ranges: set $325/hr for 2014–2015 and $349/hr for 2016; reduced petitioner’s requested total accordingly |
| Travel time billing | Requested full hourly rate for several travel days | Argued reductions appropriate absent documentation of work during travel | Awarded reduced travel rates: 1/2 rate ($162.50) for dates with no work; 2/3 rate ($216.67) for driving day; total travel reduction applied |
| Paralegal rates and costs | Sought specified paralegal rates and reimbursement of costs | Did not contest paralegal rates; challenged total award amount | Paralegal rates and requested costs found reasonable and awarded in full |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (endorsing the lodestar method for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar calculation: reasonable hours × reasonable rate)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special master has wide discretion in fee reasonableness)
- Hines v. Secretary of Health & Human Services, 22 Cl. Ct. 750 (Ct. Cl. 1991) (reviewing court should grant special masters latitude on fee reasonableness)
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (Fed. Cl. 2008) (attorney fee applications must include contemporaneous, specific billing records)
- Gruber v. Secretary of Health & Human Services, 91 Fed. Cl. 773 (Fed. Cl. 2010) (attorneys may be awarded fees for travel when they document work performed while traveling)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (limits on attorney collection beyond the statutorily awarded fees)