Easton v. Secretary of Health and Human Services
16-1069
| Fed. Cl. | Jun 29, 2017Background
- Petitioner George Easton filed a Vaccine Program petition alleging Guillain-Barré Syndrome after a Tdap vaccine (filed Aug. 26, 2016).
- Parties filed a stipulation awarding compensation, and a decision adopting that stipulation was entered on April 6, 2017.
- Petitioner moved for attorney fees and costs totaling $29,401.04 (fees $27,099.00; costs $2,302.04).
- Respondent did not contest entitlement and recommended the special master exercise discretion to determine a reasonable award.
- Special Master Gowen applied the lodestar method, McCulloch/OSM rate guidance, and reviewed contemporaneous billing; he found requested hourly rates, hours, and costs reasonable.
- The special master awarded the full requested amount $29,401.04, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Award is required because petitioner obtained compensation via stipulation | Respondent: statutory requirements met; defer to special master's discretion on amount | Entitlement found; fees/costs award authorized under 42 U.S.C. § 300aa‑15(e) |
| Reasonableness of hourly rates | Requested rates: Cohan $400; Carney $275→$290; paralegal $135 are consistent with OSM/McCulloch guidance | Respondent raised no objection to rates | Rates accepted as reasonable and awarded |
| Reasonableness of hours | Billing: 9.4 hrs (Cohan), 79.3 hrs (Carney), 6.7 hrs (paralegal); contemporaneous entries provided | Respondent raised no objection to hours | Hours reviewed and deemed reasonable; no reduction made |
| Reasonableness of costs | Costs of medical records, courier, filing totaling $2,302.04 are necessary and reasonable | Respondent raised no objection | Costs awarded in full |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (approves lodestar approach under the Vaccine Act)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar method: hours × reasonable rate)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (hours that are excessive, redundant, or unnecessary should be excluded)
- Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (special masters may use experience to reduce fees/hours)
- Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl.) (fee requests must include contemporaneous, specific billing records)
- Beck v. Sec'y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.) (attorney barred from collecting fees beyond the amount awarded)