Hoskins, Jr. v. Secretary of Health and Human Services
15-71
| Fed. Cl. | Aug 7, 2017Background
- Petitioner David Hoskins, Jr. filed a Vaccine Program petition in Jan. 2015 alleging his infant’s death was caused by vaccination; he later ceased pursuing the claim and did not prevail.
- After dismissal/withdrawal of the claim, Hoskins sought an award of attorneys’ fees and costs totaling $45,574.28 (fees $14,945.80; costs $30,628.48).
- The Secretary did not contest petitioner’s entitlement to fees (good faith and reasonable basis conceded) and deferred to the Special Master on the amount.
- The lodestar method (reasonable hours × reasonable hourly rate) governed the fee calculation; no upward/downward multiplier was applied.
- The petitioner's claimed fees included attorney Nicholas Bunch (rates $375–$405/hr) and a paralegal ($85–$100/hr); requested costs largely comprised expert fees for four experts.
- The Special Master adjusted certain billings (deducted $600 for paralegal clerical work; reduced expert fees for inadequate detail or duplication) and awarded a total of $40,864.28 ($14,345.80 fees; $26,518.48 costs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees (non-prevailing petitioner) | Hoskins argued he is entitled because he acted in good faith and had reasonable basis (supported by expert reports) | Secretary conceded statutory requirements met and left amount to Special Master | Entitlement found; fees/costs awarded under 42 U.S.C. §300aa-15(e) |
| Appropriate hourly rates for attorney/paralegal | Bunch sought $375–$405/hr; paralegal $85–$100/hr; requested forum or local rates not specified | Secretary did not contest rates and deferred to Special Master’s discretion | Rates for Bunch and paralegal deemed reasonable (forum rates accepted); minor variance justified by experience |
| Reasonableness of billed hours (attorney & paralegal) | Bunch’s time described and justified; paralegal billed for clerical tasks | Secretary did not specifically challenge hours | Attorney hours reasonable; $600 deducted for clerical paralegal tasks; overall fee award $14,345.80 |
| Reasonableness of expert costs (rates & hours) | Requested full expert fees for four experts (total ~$28,655) | Secretary did not press on amounts; Special Master reviewed for reasonableness and duplication | Awards adjusted: full/partial awards for experts with hourly rate/hour reductions for vague or duplicative entries; total costs awarded $26,518.48 |
Key Cases Cited
- Avera v. Sec'y of Health & Human Servs., 515 F.3d 1343 (Fed. Cir.) (approves lodestar method and forum-rate rule with Davis County exception)
- Blum v. Stenson, 465 U.S. 886 (U.S.) (lodestar formulation for fee awards)
- Davis Cty. Solid Waste Mgmt. v. U.S. Envtl. Prot. Agency, 169 F.3d 755 (D.C. Cir.) (forum-rate exception when most work occurs outside forum and local rates are substantially lower)
- Saxton v. Sec'y of Health & Human Servs., 3 F.3d 1517 (Fed. Cir.) (hours charged must not be excessive, redundant, or unnecessary)
- Lee v. Javitch, Block & Rathbone, LLP, 568 F. Supp. 2d 870 (S.D. Ohio) (Rubin Committee/Ohio local-rate methodology referenced for regional rates)
- Caves v. Sec'y of Health & Human Servs., 111 Fed. Cl. 774 (Fed. Cl.) (experts should provide reasonably detailed billing entries)
- Morse v. Sec'y of Health & Human Servs., 89 Fed. Cl. 683 (Fed. Cl.) (standards for expert billing and compensability)
- Snyder v. Sec'y of Health & Human Servs., 102 Fed. Cl. 282 (Fed. Cl.) (discusses limits on weight given to long-retired experts and expert credibility)