Dudenhoeffer v. Secretary of Health and Human Services
12-477
| Fed. Cl. | Aug 25, 2017Background
- Petitioner Alisha Dudenhoeffer filed a Vaccine Program petition on behalf of her daughter K.T., alleging MMR vaccine caused myoclonic-astatic epilepsy (Doose syndrome); petition filed July 27, 2012.
- Special Master Hamilton-Fieldman denied compensation on September 8, 2016; the denial was upheld on review by Judge Campbell-Smith on April 28, 2017.
- Petitioner then moved for attorneys’ fees and costs on July 12, 2017, seeking $16,979.10; Respondent did not oppose an award and asked the Special Master to determine a reasonable amount.
- Billing records showed 10.3 hours for Mr. Shoemaker, 28 hours for Ms. Gentry, and 2.4 hours for Ms. Knickelbein; records were contemporaneous and detailed.
- The Special Master applied the lodestar method, using forum hourly rate schedules (2015–16 and 2017) to evaluate reasonableness of rates and hours.
- The sole adjustment: Mr. Shoemaker’s requested 2017 rate of $446 was reduced to the 2017 forum upper-range rate of $440, producing an $18 reduction; total fees awarded $16,961.10, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees under the Vaccine Act | Fees are recoverable after final disposition; petitioner seeks statutory fee award | Respondent does not contest entitlement and asks court to set a reasonable amount | Award authorized under 42 U.S.C. § 300aa-15(e); fees awarded |
| Appropriate hourly rates for counsel | Requested rates follow forum schedules and prior precedent; Mr. Shoemaker requested $446 for 2017 | Respondent did not challenge rates but left determination to Special Master | Forum schedules control; awarded requested rates except reduced Shoemaker 2017 rate to $440 |
| Reasonableness of hours expended | Billing entries are contemporaneous, detailed, and reasonable for tasks performed | Respondent raised no objection to hours | Hours (10.3, 28, 2.4) found reasonable and awarded in full |
| Calculation and form of payment | Total requested $16,979.10; counsel seeks full recovery | Respondent deferred to Special Master for amount | After $18 reduction, total attorneys’ fees awarded $16,961.10, payable jointly to petitioner and counsel |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar method for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (sets standard for reasonable hourly rates — prevailing market rate)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters have broad discretion on fee reasonableness)
- Hines v. Sec’y of Health & Human Servs., 22 Cl. Ct. 750 (Ct. Cl. 1991) (courts should grant special masters wide latitude in fee determinations)
- Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008) (requires contemporaneous, specific billing records for fee applications)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (fee award covers all charges and prevents counsel from collecting additional fees beyond award)