Hall v. Secretary of Health and Human Services
17-536
| Fed. Cl. | Nov 13, 2017Background
- Petitioner Michael Hall filed a Vaccine Program petition alleging onset of facial swelling, dysphagia, and shortness of breath after an influenza vaccination on January 28, 2016; the case was ultimately dismissed after petitioner could not obtain records showing a six‑month injury.
- Petitioner voluntarily moved for dismissal on August 31, 2017; the special master dismissed the petition the same day.
- After dismissal, petitioner filed a motion for attorneys’ fees and costs seeking $5,782.00 in fees and $592.70 in costs (total $6,374.70), stating no out‑of‑pocket expenses for petitioner.
- Respondent took no specific position on the amount and asked the special master to exercise discretion to determine a reasonable award.
- The special master applied the lodestar approach and Vaccine Act standards (good faith and reasonable basis for fee awards even without entitlement), evaluated hourly rate, hours expended, and requested costs, and awarded the full requested amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner may recover attorneys’ fees and costs despite dismissal | Hall sought fees and costs because the petition was filed in good faith and with reasonable basis | Respondent did not object to entitlement but deferred to the special master’s discretion on reasonableness | Awarded fees and costs; fees permissible when petition had good faith and reasonable basis despite lack of success |
| Reasonableness of hourly rate for counsel | Requested $295/hr for Kevin A. Mack based on 30+ years’ experience | Respondent raised no specific objection to the rate | $295/hr found reasonable and awarded (consistent with prior special master decision) |
| Reasonableness of hours billed | Hall submitted time records totaling the requested fee amount and argued hours were reasonable for tasks performed | Respondent raised no specific objections to hours or duplicative billing | Hours were reviewed and deemed reasonable; full fee award granted |
| Reasonableness of requested costs | Requested $400 filing fee and $174.33 for medical‑record obtaining costs | Respondent raised no specific objections to costs | Costs found reasonable and awarded ($592.70) |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorses lodestar method for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (defines reasonable hourly rate standard)
- Sebelius v. Cloer, 133 S. Ct. 1886 (U.S. 2013) (discusses entitlement to fees on merits)
- Rodriguez v. Sec’y of Health & Human Servs., 632 F.3d 1381 (Fed. Cir. 2011) (forum rates generally control; Davis County exception limited)
- Davis Cty. Solid Waste Mgmt. v. U.S. EPA, 169 F.3d 755 (D.C. Cir. 1999) (foundation for applying local rates exception)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours must be reasonably expended; reductions for excessive or duplicative time)