James v. Secretary of Health and Human Services
16-1397
Fed. Cl.Jan 9, 2019Background
- Petitioner Noelle James (guardian for Theada Gibbins) filed a Vaccine Act claim alleging Guillain-Barré Syndrome from a 2013 influenza vaccine; compensation was awarded based on respondent’s proffer on April 12, 2018.
- Petitioner sought attorneys’ fees of $22,230.00 and costs of $9,958.66 (total $32,188.66) on September 7, 2018; petitioner reported no out-of-pocket costs.
- Respondent took no position on the amount but agreed statutory requirements for an award were met and left reasonableness to the Special Master.
- Special Master reviewed contemporaneous billing records and applied Vaccine Program standards limiting compensable work to services "incurred in any proceeding on [a] petition."
- The Special Master awarded requested hourly rates for counsel and paralegal but reduced fees by $3,540.00 for 11.8 hours of work devoted to an unrelated FTCA matter, finding that work outside the Vaccine Program is non-compensable.
- Attorney costs (medical records, filing fees, expert costs) were found reasonable and awarded in full; total lump-sum award ordered: $28,648.66, payable jointly to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner is entitled to a reasonable award of attorneys’ fees and costs under the Vaccine Act | Fee motion sought $22,230 fees and $9,958.66 costs as reasonable and supported by billing records | Respondent did not contest entitlement or amounts, and recommended Special Master determine a reasonable award | Fees and costs are permissible; Special Master grants award in part after adjustments |
| Whether fees for work on FTCA litigation are compensable under the Vaccine Program | Counsel billed 11.8 hours for FTCA-related tasks performed prior to Vaccine Court filing | Respondent did not contest but Special Master must apply law limiting compensation to work on the Vaccine petition | FTCA-related work is non-compensable; Special Master reduced fees by $3,540 (11.8 hrs × $300/hr) |
| Whether requested hourly rates and litigation costs were reasonable | Requested rates: $300/hr for Richard Johnson, $75/hr for legal assistant; costs included medical records, filing, experts | Respondent deferred to Special Master’s discretion on reasonableness | Hourly rates awarded as requested; costs awarded in full |
Key Cases Cited
- Savin v. Secretary of Health & Human Services, 85 Fed. Cl. 313 (discussing required specificity of contemporaneous billing records)
- Saxton v. Secretary of Health & Human Services, 3 F.3d 1517 (Fed. Cir.) (special master may reduce excessive, redundant, or unnecessary hours)
- Hensley v. Eckerhart, 461 U.S. 424 (hours that are excessive or unnecessary must be excluded from fee awards)
- Sabella v. Secretary of Health & Human Services, 86 Fed. Cl. 201 (special master may reduce fee awards sua sponte without prior notice)
- Broekelschen v. Secretary of Health & Human Services, 102 Fed. Cl. 719 (no line-by-line analysis required when reducing fees)
- Wasson v. Secretary of Health & Human Services, 24 Cl. Ct. 482 (burden on petitioner to prove hours, rates, and expenses)
- Beck v. Secretary of Health & Human Services, 924 F.2d 1029 (awarded fees and costs encompass all legal charges and preclude additional client charges)