Ferguson v. Secretary of Health and Human Services
14-975
| Fed. Cl. | Aug 4, 2016Background
- Petitioner Margaret Ferguson filed a Vaccine Act petition alleging brachial plexopathy after Hepatitis A and B vaccinations in 2013.
- The parties filed a joint stipulation; special master entered an award of compensation in February 2016.
- Petitioner sought $46,838.02 for attorneys’ fees and costs (fees $41,708.10; costs $5,129.92); respondent recommended $31,000–$33,000 as reasonable.
- Counsel (Maglio Christopher & Toale) requested specified hourly rates for attorneys and paralegals in Sarasota and Washington, D.C., and submitted contemporaneous billing records and cost vouchers.
- The special master applied the lodestar method, reviewed rates (including prior decisions), adjusted D.C. paralegal rates modestly for 2016, and made a small reduction of $86 for paralegal rate differences.
- Final award: $46,752.02 in attorneys’ fees and costs, paid jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| entitlement to fees after stipulated award | Fees are recoverable because petitioner obtained compensation by stipulation | Respondent did not dispute entitlement | Awarded — fees recoverable under 42 U.S.C. § 300aa‑15(e) |
| appropriate method to calculate fee | Use lodestar (hours × reasonable rates) supported by contemporaneous billing | Agreed lodestar is appropriate but recommended a lower total based on prevailing awards | Lodestar applied consistent with Federal Circuit precedent (Avera) |
| reasonableness of hourly rates | Requested Sarasota attorney rates ($300 for 2013–15; $324 for 2016) and paralegal rates ($135/$105 Sarasota; $145 D.C.) are reasonable and supported by prior awards | Respondent suggested overall reduction to fall within $31k–$33k; challenged forum rates implicitly by recommending lower total | Sarasota attorney and paralegal rates approved; D.C. paralegal rate reduced ($135 for 2015; $140 for 2016), producing a small reduction |
| reasonableness of hours and costs billed | Submitted contemporaneous, detailed billing; many tasks performed by paralegals; costs (records, expert, filing) reasonable | Respondent did not contest specific hours or costs, only overall reasonableness range | Hours and costs found reasonable; no large reductions beyond the minor paralegal rate adjustment |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir.) (approves lodestar approach under Vaccine Act)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar methodology: hours × reasonable rate)
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (Fed. Cl.) (requirement for contemporaneous, specific billing records)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir.) (court may reduce fees for excessive or redundant hours)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (reasonableness standard for fee awards)
- Perreira v. Secretary of Health & Human Services, 27 Fed. Cl. 29 (Fed. Cl.) (reasonableness requirement extends to costs)