Elledge v. Secretary of Health and Human Services
16-667
| Fed. Cl. | Oct 20, 2017Background
- Petitioner Margaret Elledge filed a Vaccine Act petition alleging a right-shoulder injury from an influenza vaccine administered November 3, 2014.
- The Chief Special Master previously awarded compensation based on respondent’s proffer (decision issued December 29, 2016).
- Petitioner moved for attorneys’ fees and costs on February 24, 2017, seeking $14,140.50 in fees and $569.11 in costs (total $14,709.61). Counsel represented petitioner incurred no out-of-pocket expenses.
- Respondent filed a response stating she takes no position on the amount but agrees statutory requirements for an award are met and asks the Special Master to exercise discretion on a reasonable award.
- The Special Master reviewed billing records, found the request generally reasonable, but reduced the hourly rate for attorney C. Clark Hodgson II from $225 to $200 for 3.6 hours (a $90 reduction).
- The Special Master awarded a lump sum of $14,619.61 jointly payable to petitioner and counsel, covering all legal expenses and precluding additional fees under 42 U.S.C. § 300aa-15(e)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to an award of attorneys’ fees and costs | Fees and costs are reasonable and allowable under the Vaccine Act | Respondent does not oppose an award and defers to the Special Master’s discretion | Award granted under the Vaccine Act § 15(e) |
| Whether requested hours and rates are reasonable | Counsel’s billed hours and rates are appropriate | Respondent did not contest reasonableness; asked Special Master to determine amount | Overall request reasonable; only minor adjustment made |
| Proper hourly rate for attorney C. Clark Hodgson II | Billed at $225/hr for 3.6 hours | Respondent did not contest rate but Special Master considered program experience | Reduced Hodgson’s rate to $200/hr, reducing award by $90 |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act encompass all charges and preclude additional collection from client)