Glover v. Secretary of Health and Human Services
16-891
| Fed. Cl. | Nov 3, 2017Background
- Petitioner James Glover filed a Vaccine Act petition alleging Guillain-Barré Syndrome caused by an influenza vaccine administered October 19, 2015; entitlement was awarded by stipulation on March 9, 2017.
- Petitioner sought attorneys’ fees of $25,266.00 and costs of $5,453.76 (total $30,719.76) in an August 23, 2017 motion.
- Respondent did not oppose entitlement to fees and costs and asked the Special Master to exercise discretion to determine a reasonable amount.
- Counsel Leah V. Durant requested $350/hour for 2016 work and $365/hour for 2017; paralegal Ashley Raina requested $140 (2016) and $145 (2017).
- Expert/consultant Dr. Catherine Shaer requested $250/hour for medical consulting; other costs were for medical records and routine case expenses.
- The Special Master reduced Durant’s 2017 rate to $363/hour, awarded all hours billed, approved the paralegal and expert rates, and awarded total fees and costs of $30,689.56 payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | Glover sought reasonable fees and costs under 42 U.S.C. §300aa‑15(e) after successful claim | Respondent agreed statutory requirements for award were met and deferred to Special Master on amount | Award appropriate; fees and costs granted in part totaling $30,689.56 |
| Reasonable hourly rate for lead counsel (2016–2017) | Durant requested $350 (2016) and $365 (2017) | Respondent did not contest but left rate determination to Special Master | 2016 rate approved; 2017 rate reduced to $363/hour as reasonable |
| Paralegal and consultant rates | Paralegal $140 (2016)/$145 (2017); Dr. Shaer $250/hr for consulting | No substantive opposition to these rates | Approved in full as reasonable |
| Reasonableness of hours and other costs | Counsel submitted contemporaneous billing records and itemized costs for records and expert consulting | Respondent deferred to Special Master’s discretion | Hours and costs (medical records, expert) found reasonable and awarded in full |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach for Vaccine Act fees)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special masters have wide discretion in fee reasonableness)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar formula: hours reasonably expended multiplied by reasonable hourly rate)
- Hines v. Secretary of Health & Human Services, 22 Cl. Ct. 750 (Ct. Cl. 1991) (reviewing court must grant special masters latitude on fee reasonableness)
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (Fed. Cl. 2008) (requirement for contemporaneous, specific billing records)
- Perreira v. Secretary of Health & Human Services, 27 Fed. Cl. 29 (Fed. Cl. 1992) (costs must be reasonable)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (Fed. Cir. 1991) (award intended to cover all legal expenses; counsel may not collect additional fees beyond award)