Friedel v. Secretary of Health and Human Services
16-417
| Fed. Cl. | Jul 10, 2017Background
- Petitioner Laura Friedel filed a Vaccine Act petition alleging trigeminal neuralgia caused by a flu vaccination on October 2, 2013.
- The Special Master awarded compensation based on the parties’ stipulation on April 19, 2017.
- Petitioner then filed a motion for attorneys’ fees and costs seeking $34,168.90 in fees and $1,201.42 in costs (total $35,370.32).
- Respondent filed no specific objections to the requested amounts and asked the Special Master to exercise discretion in determining a reasonable award.
- The Special Master applied the lodestar framework, reviewed requested forum rates against previously approved rates, and evaluated the requested costs (medical records and shipping).
- The Special Master found the requested hourly rates and costs reasonable and awarded the full amount, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Friedel sought fees/costs after successful settlement | Respondent raised no objection; deferred to Special Master discretion | Award granted; prevailing via stipulation qualifies for fees/costs |
| Reasonableness of hourly rates | Requested forum rates match rates previously approved for counsel | Respondent offered no specific challenge; urged court discretion | Rates found reasonable and consistent with prior decisions |
| Reasonableness of hours/time expended | Counsel submitted time entries supporting the fee request | Respondent did not contest hours | No reduction; hours accepted as reasonable |
| Reasonableness of costs and total award | Requested $1,201.42 for medical records/shipping; total $35,370.32 | Respondent did not object to costs; recommended Special Master determine reasonable award | Costs found reasonable; full total awarded payable jointly to petitioner and counsel |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (endorsing lodestar method for Vaccine Act fees)
- Sebelius v. Cloer, 133 S. Ct. 1886 (U.S.) (fee award automatic for successful petitioners)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar: hours times reasonable rate)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (Special Master discretion to reduce hours as unreasonable)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S.) (hours that are excessive, redundant, or unnecessary should be excluded)
- Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.) (award covers all fees and costs; attorney may not collect beyond award)