Holt v. Secretary of Health and Human Services
18-1662V
Fed. Cl.Jan 4, 2024Background
- Angela Holt filed a petition under the National Vaccine Injury Compensation Program, alleging the influenza vaccine caused or aggravated her Linear IgA disease.
- The respondent contested entitlement, leading to expert testimonies from both sides.
- After submission of expert reports, the parties negotiated and entered into a stipulated settlement, which the Court approved.
- Petitioner then applied for attorneys’ fees and costs, requesting a total of $104,550.64 for her attorneys and $15.00 in personal costs.
- Respondent did not object to the amount but deferred to the Court’s discretion regarding the reasonableness of the fees and costs.
- The Special Master reviewed the application and billing records for reasonableness, applying the lodestar method.
Issues
| Issue | Holt's Argument | Secretary's Argument | Held |
|---|---|---|---|
| Entitlement to Attorneys’ Fees and Costs | Entitled to reasonable fees/costs after receiving award | No objection; criteria met | Petitioner is entitled to reasonable fees/costs |
| Reasonableness of Hourly Rates | Requested rates consistent with prior awards | No objection | Hourly rates are reasonable |
| Reasonableness of Hours Expended | Billed hours reasonable, well-documented | No objection | Hours requested are reasonable |
| Reasonableness of Costs | Costs, including expert fees, are reasonable and supported | No objection | All requested costs are reasonable |
Key Cases Cited
- Blum v. Stenson, 465 U.S. 886 (reasonable attorney’s fee determination method)
- Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (Standard for reasonable hours in fee applications)
- Davis Cty. Solid Waste Mgmt. and Energy Recovery Special Serv. Dist. v. U.S. Envtl. Prot. Agency, 169 F.3d 755 (exception to forum-rate rule in attorney’s fee calculations)
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (lodestar framework adoption for Vaccine Act fee awards)
