Howard v. Secretary of Health and Human Services
16-894
Fed. Cl.Oct 3, 2017Background
- Petitioner Sam Howard filed a Vaccine Program petition alleging Guillain-Barré Syndrome after a Tdap vaccination on July 23, 2015; entitlement was awarded by stipulation on March 27, 2017.
- Petitioner sought attorneys’ fees of $23,482.00 and costs of $3,756.54 (total $27,238.54); counsel reported no out-of-pocket expenses by petitioner.
- Respondent raised no specific objections to amounts or hours, asking the Special Master to exercise discretion to determine a reasonable award.
- The Special Master applied the lodestar framework (hours × reasonable hourly rate) and Vaccine Program fee precedent to evaluate rates, hours, and costs.
- The Special Master reduced counsel’s 2017 hourly rate from $365 to $363 based on prior Chief Special Master decisions, decreasing 2017 fees by $16.80; otherwise found hours reasonable.
- The Special Master approved requested costs (including a $250/hr consultant rate for Dr. Shaer) and awarded a total of $27,221.74 payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate hourly rates for counsel | Request: $350/hr (2015–16) and $365/hr (2017) | No specific objection; defers to Special Master discretion | 2015–16 rates accepted; 2017 rate reduced to $363/hr (adopted prior Chief SM rate) |
| Reasonableness of hours billed | Hours billed were reasonable and supported | No specific objection; deferred to Special Master | Hours were reasonable; no reduction applied |
| Recoverable litigation costs (experts, filing, records) | Requested $3,756.54 (includes $250/hr for Dr. Shaer, filing fee, record costs) | No specific objection | Costs found reasonable and awarded in full |
| Standard for awarding fees when petitioner prevailed by stipulation | Fees recoverable where petitioner succeeds; fees also recoverable when petition filed in good faith with reasonable basis | N/A; respondent did not contest entitlement | Award of attorneys’ fees and costs is appropriate under Vaccine Act; lodestar applied to set amount |
Key Cases Cited
- Avera v. Sec’y of Health & Human Servs., 515 F.3d 1343 (2008) (endorses lodestar method for Vaccine Act fee awards)
- Blum v. Stenson, 465 U.S. 886 (1984) (lodestar formulation authority)
- Sebelius v. Cloer, 133 S. Ct. 1886 (2013) (fees automatic for successful petitioners under Vaccine Act)
- Hensley v. Eckerhart, 461 U.S. 424 (1983) (hours must be reasonable; exclude excessive or redundant time)
- Saxton ex rel. Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517 (1993) (Special Master discretion to reduce hours as reasonable)