Haak v. Secretary of Health and Human Services
14-463
| Fed. Cl. | Oct 31, 2017Background
- Petitioner John Haak filed a Vaccine Act petition alleging transverse myelitis caused by a TDaP vaccination; respondent denied causation but the parties settled and a March 15, 2017 decision awarded compensation per stipulation.
- Petitioner sought attorneys’ fees and costs on August 14, 2017: $25,747.75 in fees and $6,566.60 in costs (total $32,314.35); counsel represented petitioner incurred no personal costs.
- Respondent filed a response recommending the special master exercise discretion to determine a reasonable award but raised no specific objections to amounts or hours.
- The special master applied the lodestar framework: determine reasonable forum hourly rates (with limited Davis County exception), multiply by reasonable hours, and adjust for reductions for excessive, redundant, vague, or noncompensable entries.
- The special master reduced counsel’s requested hourly rate from $295 to $240 (adopting reasoning from a prior decision), approved paralegal rates ($100 and $80), and reduced paralegal billed time by 10% for excessive/vague/clerical entries.
- The special master awarded $21,381.60 in attorneys’ fees, $6,566.60 in costs, for a total lump-sum award of $27,948.20 payable jointly to petitioner and petitioner’s counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees after settlement | Haak sought fees despite settlement; claimed good faith and reasonable basis under Vaccine Act | Respondent did not contest entitlement; asked the special master to exercise discretion on amount | Fees are permitted; award may be granted if petition was brought in good faith and had reasonable basis; fees awarded in part |
| Appropriate hourly rates (forum vs local/Davis County) | Counsel requested $295/hr for attorney based on survey of fee decisions and lack of local vaccine attorneys | Respondent did not object but left determination to the special master | Reduced attorney rate to $240/hr (forum-rate analysis and prior decision precedent); paralegal rates ($100, $80) approved |
| Reasonableness of hours billed | Counsel submitted detailed time entries totaling 70.25 attorney hours plus paralegal time and sought full compensation | Respondent raised no specific hour objections but asked the court to exercise discretion | Reduced paralegal charges by 10% for excessive, clerical, and vague entries; disallowed clerical billing and trimmed time considered unreasonable; applied lodestar with reductions |
| Award of costs (expert, records, filing, shipping) | Requested $6,566.60 for typical litigation costs including expert fees and records | Respondent did not object to costs | Costs found reasonable and awarded in full |
Key Cases Cited
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (fee award automatic for petitioners who succeed on the merits under Vaccine Act)
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar approach for Vaccine Act fees)
- Blum v. Stenson, 465 U.S. 886 (1984) (reasonable hourly rate defined by prevailing community rate)
- Rodriguez v. Secretary of Health & Human Services, 632 F.3d 1381 (Fed. Cir. 2011) (forum rates generally apply; Davis County exception limited)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (hours must be reasonable; exclude excessive or duplicative time)
- Saxton ex rel. Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (special master may reduce hours as reasonable exercise of discretion)
- Broekelschen v. Secretary of Health & Human Services, 102 Fed. Cl. 719 (2011) (affirming percentage reductions to attorney and paralegal hours)
- Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. EPA, 169 F.3d 755 (D.C. Cir. 1999) (Davis County exception permitting local rates in limited circumstances)
- Sabella v. Secretary of Health & Human Services, 86 Fed. Cl. 201 (2009) (special masters may reduce fees sua sponte without prior notice)