Costabile v. Secretary of Health and Human Services
19-578
| Fed. Cl. | Aug 3, 2021Background
- Petitioner Genevieve Costabile filed a Vaccine Program petition alleging left brachial plexopathy following an influenza vaccination on September 18, 2017 (filed April 17, 2019).
- The parties executed a joint stipulation; Special Master Gowen approved it on January 5, 2021, awarding petitioner $46,258.78 in compensation.
- Petitioner filed a motion for final attorneys’ fees and costs on April 23, 2021, requesting $20,870.80 in fees and $871.61 in attorneys’ costs (total $21,742.41), plus $2.26 in costs incurred personally.
- Respondent stated he was satisfied that the statutory requirements for an award of fees and costs were met and raised no objections to specific entries.
- The Special Master applied the lodestar framework and the Office of Special Masters’ fee schedule in assessing reasonableness and granted the requested awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to attorneys’ fees and costs after a stipulated compensation award | Costabile sought an award under 42 U.S.C. § 300aa-15(e)(1) because compensation was awarded | Respondent agreed statutory requirements for fees and costs were satisfied | Granted: fee-shifting required when compensation awarded; fees/costs awarded |
| Whether the hourly rates and hours billed are reasonable | Requested rates consistent with Conway Homer forum rates and prior OSM awards; billing entries documented tasks and time | No objections to rates or entries; respondent satisfied | Granted: hourly rates and hours found reasonable; no reductions made |
| Whether requested litigation costs and petitioner’s personal costs are reasonable | Requested $871.61 in attorneys’ costs (filing, records, postage, copies) and $2.26 personal mailing cost, all documented | Respondent raised no objections to costs | Granted: costs adequately documented and awarded without adjustment |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (legal standard for reasonable attorney fees under lodestar)
- Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482 (Ct. Cl. 1993) (burden on petitioner to establish reasonableness of hours, rates, and expenses)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters may reduce hours using experience and judgment)
- Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201 (Fed. Cl. 2009) (special masters may reduce fees sua sponte)
- Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (reasonableness requirement for cost reimbursement)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney may not collect fees beyond the amount awarded under the Vaccine Act)