Fieselman v. Secretary of Health and Human Services
17-170
| Fed. Cl. | Nov 14, 2017Background
- Petitioner Christi Fieselman filed a Vaccine Program petition on behalf of her minor child, M.V., alleging the December 31, 2013 HPV vaccine caused severe adverse reactions; petition filed February 6, 2017.
- Early medical records did not show symptoms until months after vaccination; earliest records dated August 2014 and a key specialists’ note attributing onset to 2014 was created in February 2017 after filing.
- Special Master Corcoran raised concerns in an April 11, 2017 status conference that the records did not support causation and that symptom onset might be outside the statute of limitations.
- Petitioner requested additional time; counsel continued to bill and investigate after the April conference but ultimately moved to dismiss on July 19, 2017; dismissal granted July 20, 2017.
- Petitioner sought $25,665.31 in attorney’s fees and costs; Respondent argued fees after April 11, 2017 lacked reasonable basis and should be denied.
- The Special Master concluded reasonable basis ended at the April 11 status conference, reduced awarded hours, allowed modest wind‑down fees and full litigation costs, and awarded $10,473.31 total.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition had a continuing reasonable basis after April 11, 2017 | Counsel acted in good faith and had reasonable basis to continue review and pursue claim | After April 11, records and conference made lack of reasonable basis apparent; fees after that date should be denied | Reasonable basis ended April 11, 2017; fees for work after that date denied except modest wind‑down hours |
| Whether counsel delayed unreasonably in evaluating the claim after filing | Additional time was needed to gather and evaluate records before abandoning claim | Counsel delayed and billed excessively given facial weaknesses; must act expeditiously | Counsel should have completed evaluation by mid‑April; delay and excessive billing justified fee reductions |
| Amount and reasonableness of hourly rates requested | Requested rates ($375 attorney, $195 associate, $135 paralegals) are customary and previously awarded | Respondent did not contest the hourly rates themselves, only hours after April 11 | Hourly rates approved as reasonable; awarded only for compensated pre‑April 11 work and limited wind‑down hours |
| Reasonableness of requested litigation costs ($1,584.31) | Costs are reasonable and should be awarded in full | Respondent did not contest costs | Costs awarded in full ($1,584.31) |
Key Cases Cited
- Grice v. Secretary of Health & Human Services, 36 Fed. Cl. 114 (1996) (good faith presumed absent evidence of bad faith)
- Curran v. Secretary of Health & Human Services, 130 Fed. Cl. 1 (2017) (special masters may deny fees for post‑filing work when counsel fails to promptly evaluate facially weak claims)
- Allicock v. Secretary of Health & Human Services, 128 Fed. Cl. 724 (2016) (discussing standards for reasonable basis and fee awards in unsuccessful Vaccine Program cases)
- Lamb v. Secretary of Health & Human Services, 24 Cl. Ct. 255 (1991) (attorney investigation into a claim’s foundations is relevant to fee decisions)