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Heyward v. Secretary of Health and Human Services
14-41
Fed. Cl.
Apr 25, 2017
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Background

  • 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)
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Case Details

Case Name: Heyward v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Apr 25, 2017
Docket Number: 14-41
Court Abbreviation: Fed. Cl.