Green v. Secretary of Health and Human Services
15-748
| Fed. Cl. | Nov 17, 2017Background
- Amanda Green filed a Vaccine Act petition alleging post-meningococcal-vaccine persistent headaches and motor tics; parties filed a joint stipulation awarding compensation, which the special master approved.
- Petitioner moved for attorney fees and costs for two firms: Perenich, Caulfield, Avril & Noyes (former counsel) and Leeper & Leeper (counsel of record).
- Respondent agreed the statutory prerequisites for fees/costs were met and deferred to the special master to determine a reasonable award.
- The special master applied the lodestar method and the McCulloch forum-rate framework (with updated fee schedules) to evaluate reasonable hourly rates, hours, and costs.
- Adjustments were made for (1) hourly rates for Bryan D. Caulfield and Klodiana Hysenlika, (2) a block-billing entry likely reflecting basic Vaccine Program research, and (3) partially disallowing Westlaw/subscription costs as overhead or nonspecific research.
- Final awards: Perenich firm: $4,522.50 fees + $340.71 costs = $4,863.21 (payable jointly to petitioner and Bryan Caulfield); Leeper & Leeper: $31,490.00 fees + $4,481.76 costs = $35,971.76 (payable jointly to petitioner and Daniel Leeper).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees/costs | Fees/costs are recoverable because petitioner obtained compensation via joint stipulation | Respondent: statutory requirements met; defer to special master for reasonableness | Entitlement uncontested; special master awards reasonable fees and costs |
| Appropriate hourly rate for Bryan Caulfield | Requested $500/hr for 2013–2014 | Respondent did not contest; left to special master's discretion | Reduced to $375/hr based on McCulloch ranges and Caulfield's first Vaccine case experience |
| Appropriate hourly rate for Klodiana Hysenlika | Requested $175/hr for 2013–2014 | Respondent deferred to discretion | Reduced to $150/hr (admitted 2013; junior attorney range) |
| Block billing / compensability of basic Vaccine research | Firm billed an 8-hour entry for research/filing | Respondent did not object specifically | Allowed only 50% (4 hrs) due to block billing and possible noncompensable basic research |
| Recoverability of legal research database costs (Westlaw) | Firm sought reimbursement for Westlaw charges | Respondent deferred; special master evaluates reasonableness | Awarded 50% of nonspecific Westlaw costs; treated subscription/overhead as partially noncompensable |
| Reasonableness of Leeper & Leeper fees and costs | Requested $300/hr for Leeper and $4,481.76 costs (including expert fees) | Respondent agreed case met statutory requirements and left amount to discretion | Fees and costs for Leeper & Leeper awarded in full; entries found detailed and reasonable |
Key Cases Cited
- Avera v. Secretary of Health & Human Servs., 515 F.3d 1343 (2008) (approving lodestar approach and forum-rate principles under the Vaccine Act)
- Blum v. Stenson, 465 U.S. 886 (1984) (lodestar method for attorney-fee calculations)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (hours that are excessive, redundant, or unnecessary should be excluded)
- Rodriguez v. Secretary of Health & Human Servs., 632 F.3d 1381 (2011) (forum rate functions as a ceiling)
- Saxton v. Secretary of Health & Human Servs., 3 F.3d 1517 (1993) (special master discretion to reduce hours based on experience and judgment)
- Savin v. Secretary of Health & Human Servs., 85 Fed. Cl. 313 (2008) (fee requests must be supported by contemporaneous, specific billing records)
- Beck v. Secretary of Health & Human Servs., 924 F.2d 1029 (1991) (award intended to cover all legal expenses; counsel barred from collecting additional fees beyond award)