Heyward v. Secretary of Health and Human Services
14-41
Fed. Cl.Apr 25, 2017Background
- James Heyward filed a Vaccine Act petition alleging brachial neuritis caused by a December 18, 2012 Hepatitis B vaccination; the parties stipulated to compensation and the Special Master awarded damages.
- Following the entitlement award, Heyward sought final attorneys’ fees and costs totaling $31,454.94 ($23,875.90 fees; $7,579.04 costs).
- Counsel requested hourly rates of $295 for 2014–2015 and $306 for 2016, based on inflationary adjustments.
- The Secretary did not object to the requested rates, hours, or costs.
- The Special Master applied the Federal Circuit’s lodestar approach (hours × rate, with possible adjustments) and reviewed the records for reasonableness.
- The Special Master awarded the full requested amount as a lump sum payable to petitioner and petitioner’s attorney.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees and costs | Heyward is entitled to fees and costs because he received compensation under the Vaccine Act | Did not contest entitlement following award | Awarded fees and costs under 42 U.S.C. § 300aa-15(e) |
| Reasonableness of hourly rates | Proposed rates: $295 (2014–2015) and $306 (2016) as inflation-adjusted and reasonable | Did not object to requested rates | Rates found reasonable and awarded |
| Reasonableness of hours billed | Counsel’s billed hours were necessary and reasonable | Respondent did not challenge specific hours | Hours found reasonable; no reduction made |
| Award of litigation costs | Sought $7,579.04 in documented litigation costs | No objection raised | All costs found reasonable and awarded in full |
Key Cases Cited
- Avera v. Secretary of Health & Human Services, 515 F.3d 1343 (Fed. Cir. 2008) (approves lodestar approach for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (U.S. 1984) (establishes hours × rate lodestar method for fee calculation)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir. 1993) (fees must exclude excessive, redundant, or unnecessary hours)
