Hassan v. Secretary of Health and Human Services
19-1699
Fed. Cl.Sep 20, 2021Background
- Petitioner Mir Hassan filed a Vaccine Program petition alleging Guillain–Barré syndrome after an influenza vaccination on October 12, 2018 (petition filed Oct. 31, 2019).
- Parties stipulated to compensation, and the Special Master adopted that stipulation on April 27, 2021.
- Petitioner sought final attorneys’ fees and costs on June 5, 2021, requesting $27,284.04 ( $26,255.50 in fees and $1,028.54 in costs ).
- Counsel requested forum hourly rates for Nancy R. Meyers of $390 (2019), $400 (2020), and $430 (2021); respondent did not object to entitlement or amounts and asked the Special Master to exercise discretion.
- The Special Master found the hourly rates, the hours billed, and the requested costs reasonable and awarded the full $27,284.04 as a lump sum payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to attorneys’ fees and costs | Hassan: entitled because compensation awarded per stipulation; fees recoverable under Vaccine Act | HHS: statutory requirements met; leave amount to Special Master discretion (no objection) | Granted: petitioner entitled to fees and costs under §15(e)(1) because compensation was awarded and statutory criteria satisfied |
| Reasonableness of hourly rates | Meyers: requested forum rates consistent with prior awards ($390/$400/$430) | HHS: no objection to the requested rates; defer to Special Master | Granted: requested rates accepted as reasonable and consistent with prior awards |
| Reasonableness of hours billed | Hassan: hours documented and appropriate for work performed | HHS: no specific objections to entries | Granted: billing entries adequate; total hours deemed reasonable; fees awarded in full ($26,255.50) |
| Reasonableness of costs | Hassan: costs (medical records, filing fee, postage) supported with documentation | HHS: no objection; defer to Special Master | Granted: costs supported and awarded in full ($1,028.54) |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir. 2008) (endorsing lodestar approach under the Vaccine Act)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (lodestar method for reasonable attorney's fees)
- Sebelius v. Cloer, 133 S. Ct. 1886 (U.S. 2013) (fee award rules after success on merits)
- Rodriguez v. Sec'y of Health & Human Servs., 632 F.3d 1381 (Fed. Cir. 2011) (forum-rate rule and limited Davis County exception)
- Hall v. Sec'y of Health & Human Servs., 640 F.3d 1351 (Fed. Cir. 2011) (discussing Davis County rate exception)
- Davis Cty. Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. U.S. EPA, 169 F.3d 755 (D.C. Cir. 1999) (origin of Davis County exception)
- Saxton ex rel. Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir. 1993) (special master discretion to reduce hours)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (hours must be reasonable; courts should exclude excessive or redundant time)
- Broekelschen v. Sec'y of Health & Human Servs., 102 Fed. Cl. 719 (Fed. Cl. 2011) (no requirement of line‑by‑line fee analysis)
- Perreira v. Sec'y of Health & Human Servs., 27 Fed. Cl. 29 (Fed. Cl. 1992) (reimbursement of costs must be reasonable)