Estate of Glenn Meramo v. Secretary of Health and Human Services
15-1234
| Fed. Cl. | Sep 28, 2017Background
- Petitioner Nancy Meramo, executrix of Glenn Meramo’s estate, filed a Vaccine Act petition alleging the 2013 influenza vaccine caused GBS/CIDP that contributed to his death.
- Parties reached a stipulation on June 27, 2017, and the Special Master approved entitlement and compensation the same day.
- Petitioner moved for attorneys’ fees and costs on August 15, 2017, seeking $21,120.90 in fees and $7,408.40 in costs (total $28,529.30).
- Respondent did not contest entitlement to fees and costs and asked the Special Master to exercise discretion to set a reasonable amount.
- The Special Master reviewed billing and documentation, found the overall request reasonable, but reduced two 2017 hourly rates to the Office of Special Masters’ fee-schedule upper limits, producing a $71.80 reduction.
- The Special Master awarded $400 to petitioner (reimbursement) and $28,457.60 to petitioner and counsel jointly for attorneys’ fees and costs, and directed entry of judgment absent review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to attorneys’ fees and costs under the Vaccine Act | Meramo sought reimbursement of reasonable attorneys’ fees and costs incurred in the proceeding | Respondent agreed statutory requirements were met and left amount to the Special Master’s discretion | Fees and costs awarded as petitioner entitled under 42 U.S.C. §300aa‑15(e) |
| Whether requested billing entries and costs were reasonable | Requested time and costs supported by contemporaneous records; largely reasonable | Respondent did not object to specific entries or costs | No adjustments to time or costs other than rate changes; entries accepted |
| Appropriate hourly rates for lead counsel (Shoemaker) for 2017 | Requested $446/hr for 2017 work | Respondent referenced OSM fee schedule ranges and deferred to Special Master | Reduced Shoemaker’s 2017 rate to OSM upper-range $440/hr; applied consistently |
| Appropriate hourly rates for co-counsel (Gentry) for 2017 | Requested $430/hr for 2017 work | Respondent relied on OSM fee schedule ranges | Reduced Gentry’s 2017 rate to OSM upper-range $424/hr; applied consistently |
Key Cases Cited
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee award encompasses all legal expenses and prevents additional charging to the client)