Greer v. Secretary of Health and Human Services
15-568
| Fed. Cl. | Jul 10, 2017Background
- Petitioner Mark Greer filed a Vaccine Program claim alleging Guillain-Barré syndrome from a Nov. 5, 2014 Tdap vaccination; parties later stipulated to damages and the special master adopted the stipulation.
- Petitioner moved for final attorney’s fees and costs seeking $21,238.08 ( $19,509.60 fees; $1,728.48 costs).
- Respondent stated the statutory requirements for an award were met and deferred to the special master on the amount; did not object to the requested sum.
- Counsel (Danielle A. Strait) sought previously awarded hourly rates and a new 2017 rate; the special master noted prior awards but did not decide entitlement to the 2017 rate.
- The billing record included 8.9 hours of attorney travel time (separate from 2.5 hours meeting with petitioner); Program practice typically compensates travel at one-half rate absent documentation of work during travel.
- Special master reviewed invoices, found most hours reasonable, reduced travel-time compensation by half, approved litigation costs, and awarded fees and costs payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Greer, as a successful Vaccine Program petitioner, is entitled to an award of attorney’s fees and costs | Respondent agreed statutory requirements met; deferred amount to special master | Fees and costs awarded to petitioner as prevailing party |
| Hourly rates requested by counsel | Counsel sought rates consistent with prior awards and a higher $320 2017 rate | Respondent did not object to the amount requested | Special master awarded rates previously used for counsel but did not rule on approval of the requested 2017 $320 rate |
| Travel-time billing (half vs. full rate) | Counsel billed 8.9 hours travel separately from meeting time | Respondent did not object to amounts; special master must assess reasonableness | Travel hours reduced to one-half (awarded 4.45 of 8.9 hours); resulted in $1,312.75 deduction |
| Litigation costs (filing fee, records, travel) | Requested $1,728.48 for reasonable litigation expenses | Respondent raised no specific objections | Costs awarded in full ($1,728.48) |
Key Cases Cited
- Gruber v. Secretary of Health & Human Services, 91 Fed. Cl. 773 (2010) (discussing circumstances when full attorney fees for travel time may be appropriate if travel time includes documented substantive work)