Gut v. Secretary of Health and Human Services
16-1284
| Fed. Cl. | Sep 20, 2017Background
- Petitioner Krista M. Gut, as administrator of Jeremy D. Gut’s estate, filed a Vaccine Act petition alleging a flu vaccine (Sept. 24, 2014) caused Guillain-Barré Syndrome and led to Mr. Gut’s death.
- The parties stipulated to compensation; Special Master Sanders issued a decision awarding compensation on June 23, 2017.
- Petitioner moved for attorneys’ fees and costs seeking $23,005.20 in fees and $1,347.62 in costs (total $24,352.82).
- Respondent did not oppose entitlement to fees and costs and asked the Special Master to determine a reasonable amount.
- The Special Master applied the lodestar method (hours × reasonable hourly rates), awarded forum rates to counsel, reduced counsel’s requested paralegal rate, found hours and costs reasonable, and issued a fee award.
- The Special Master awarded $24,220.22, payable jointly to Petitioner and counsel (reflecting a small reduction for the paralegal rate).
Issues
| Issue | Petitioner’s Argument | Respondent’s Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs under the Vaccine Act | Fees and costs are appropriate after successful stipulation/award | Does not dispute entitlement; asks Special Master to set reasonable amount | Entitlement satisfied; award proper under 42 U.S.C. § 300aa‑15(e) |
| Appropriate hourly rates (forum vs. local; paralegal rate) | Requested forum attorney rates ($415 for 2016, $424 for 2017); requested paralegal rates $145/$148 for work performed by counsel herself | Respondent did not contest attorney forum rates; expects Special Master to determine reasonable rates | Forum attorney rates awarded; petitioner’s paralegal rate reduced to $135/hr (small deduction totaling $132.60) |
| Reasonableness of hours billed | 50.4 attorney hours and 12.9 paralegal hours are reasonable and supported by contemporaneous billing | No objection to hours | Hours found reasonable and awarded in full |
| Reimbursement of costs (court fees, record retrieval/mailing) | Costs are reasonable and necessary | No objection | Costs found reasonable and awarded in full |
Key Cases Cited
- Avera v. Secretary of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar approach and forum-rate framework in Vaccine Program cases)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (standard for reasonable hourly rate: prevailing market rate for comparable lawyers)
- Davis Cty. Solid Waste Mgmt. v. U.S. Env’t Prot. Agency, 169 F.3d 755 (D.C. Cir. 1999) (forum-rate exception where most work done outside forum and a very significant rate difference exists)
- Saxton v. Secretary of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special masters have broad discretion in fee determinations)
- Beck v. Secretary of Health & Human Servs., 924 F.2d 1029 (Fed. Cir. 1991) (award covers all legal expenses; attorney may not collect additional fees beyond award)
- Perreira v. Secretary of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (cost reimbursements must be reasonable)