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Holt v. Secretary of Health and Human Services
18-1662V
Fed. Cl.
Jan 4, 2024
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Background

  • 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)
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Case Details

Case Name: Holt v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Jan 4, 2024
Docket Number: 18-1662V
Court Abbreviation: Fed. Cl.