Feaster v. Secretary of Health and Human Services
15-455
| Fed. Cl. | Feb 2, 2017Background
- Petitioner Julie Feaster filed a Vaccine Act petition alleging SIRVA from a July 9, 2014 DPT vaccine; compensation was awarded by stipulation on June 6, 2016.
- Petitioner moved for attorneys’ fees and costs: initially $21,318.98, later amended to $20,210.48 after an hourly-rate clarification.
- Respondent acknowledged statutory entitlement to fees but stated the Program does not require respondent’s role in fee resolution; respondent proposed a $12,000–$14,000 reasonable range without explanation.
- Petitioner filed a reply and added billings for reply and amended-fee work; the Chief Special Master directed an amended fee filing consistent with an earlier DiPietro rate decision.
- The Special Master reviewed detailed billing records, found the requested hours and rates reasonable, and awarded the full amended amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to an award of attorneys’ fees and costs | Feaster sought reimbursement of reasonable attorneys’ fees and costs incurred in prosecuting her vaccine claim | Respondent acknowledged statutory requirements were met and did not oppose entitlement | Award granted; statutory requirements satisfied |
| Reasonableness of requested amount | Requested $19,208.00 in fees and $1,002.48 in costs (total $20,210.48) with supporting billing records | Asserted a reasonable award would be $12,000–$14,000 but offered no supporting analysis | Special Master found records reasonable and awarded the full requested amount |
| Effect of prior DiPietro rate ruling on counsel’s hourly rate | Petitioner amended fee request to reflect rates set in DiPietro and included additional billing for amendment/reply | Respondent did not contest the amended rate schedule | Amended filing accepted; no reduction to hours or rates imposed |
| Form of award and scope | Requested payment to counsel/petitioner; represented no out-of-pocket costs for petitioner | No objection to form; respondent noted Court’s limited role in fee resolution | Lump-sum check for $20,210.48 jointly payable to petitioner and counsel; award covers all legal expenses and precludes additional fees |
Key Cases Cited
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (attorney fee awards under the Vaccine Act encompass all charges and prevent additional collection from the client)