Edwards v. Secretary of Health and Human Services
19-338
| Fed. Cl. | Oct 29, 2021Background
- Petitioner Claretta Edwards filed a Vaccine Act claim on March 5, 2019, alleging an influenza vaccine (Oct. 3, 2017) caused a shoulder injury (SIRVA) with residual effects over six months.
- The parties filed a stipulation resolving entitlement; the Special Master adopted it and awarded compensation on August 21, 2020.
- Petitioner moved for final attorneys’ fees and costs seeking $21,874.42 ($15,120.10 in fees; $6,754.32 in costs).
- Respondent did not object to entitlement or most amounts, but left reasonableness to the Court’s discretion.
- The Special Master applied the lodestar method, found counsel’s hourly rates reasonable, reduced billed hours by $250 for administrative entries, and reduced expert fees by adjusting Dr. Natanzi’s rate from $475 to $425/hr.
- The Special Master awarded $21,049.42 total ($14,870.10 fees and $6,179.32 costs), to be paid jointly to petitioner and petitioner’s counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | Edwards sought full reasonable fees and costs after receiving compensation | Respondent noted no formal role but agreed statutory requirements were met and deferred to court discretion | Awarded fees and costs because petitioner prevailed under 42 U.S.C. §300aa-15(e) |
| Reasonableness of hourly rates for counsel | Requested specific graduated rates for Ms. Senerth and Mr. Muller based on years worked | Respondent did not contest rates | Rates approved as consistent with prior awards for Muller Brazil LLP |
| Reasonableness of billed hours | petitioner submitted contemporaneous billing; requested hours largely reasonable | Respondent raised no direct challenge to hours | Reduced total fees by $250 for minor administrative/clerical billing to achieve rough justice |
| Reasonableness of costs (expert fees) | Requested expert Dr. Natanzi at $475/hr | Respondent did not contest but the Special Master compared prior awards | Reduced expert rate to $425/hr, lowering costs by $575; remaining costs awarded as reasonable |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar methodology for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (establishes the lodestar formula: reasonable hours × reasonable rate)
- Davis Cty. Solid Waste Mgmt. and Energy Recovery Special Serv. Dist. v. U.S. Envtl. Prot. Agency, 169 F.3d 755 (D.C. Cir. 1999) (permits deviation from forum rates when work performed elsewhere at substantially lower rates)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (fees should exclude excessive, redundant, or unnecessary hours)
- Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29 (1992) (costs must be reasonable)
- Fox v. Vice, 563 U.S. 826 (2011) (trial courts may make reductions to achieve rough justice)