Jenkins v. Secretary of Health and Human Services
10-360
Fed. Cl.Sep 19, 2017Background
- Petitioner (mother and natural guardian) filed a Vaccine Act petition alleging her minor daughter M.J. developed Guillain–Barré syndrome after a 2009 Tdap vaccination; damages were awarded by stipulation and judgment entered in Feb 2015.
- Paragraph 13 of the damages stipulation required petitioner to provide documentation that she would become guardian/conservator of M.J.’s estate before payment; implementation required Georgia probate action.
- Substantial post-judgment delay (over a year) occurred while petitioner’s counsel coordinated with Georgia counsel to obtain appropriate conservatorship/annuity arrangements; the special master repeatedly required status reports.
- The Georgia probate court ultimately appointed a conservator (not the petitioner) in Oct 2016; respondent accepted that appointment as satisfying paragraph 13.
- Petitioner moved for attorneys’ fees and costs seeking $83,015.02; respondent agreed entitlement but asked the special master to determine a reasonable amount.
- The special master found most requested fees/costs reasonable but deducted fees for work on annuity/trust matters unrelated to the Vaccine Program and reduced travel billing to 50% of counsel’s hourly rate, awarding $80,103.42 jointly payable to petitioner and counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to fees under Vaccine Act | Jenkins sought fees under 42 U.S.C. §300aa‑15(e) arguing claim brought in good faith with reasonable basis | HHS agreed statutory entitlement met and deferred to special master on amount | Entitlement established; award appropriate |
| Compensability of time spent on annuity/trust/guardianship paperwork | Counsel billed substantial time reviewing annuity/trust/guardianship documents as part of implementing settlement | Respondent raised no specific objection to these entries in its brief | Special master disallowed fees for work on annuity/trust because those items were not part of the Vaccine Program settlement (deducted $1,861.60) |
| Reasonableness of travel billing | Counsel billed 7 hours at full hourly rate for automobile travel to client meeting | Respondent did not object to travel detail but special master must policing reasonableness | Travel compensated at 50% of counsel’s rate for non-working travel; reduced award by $1,050.00 |
| Overall amount awarded | Requested $83,015.02 (fees + costs + surety bond) | Respondent recommended court exercise discretion to determine a reasonable figure | After reductions, special master awarded $80,103.42 jointly to petitioner and counsel |
Key Cases Cited
- Perreira v. Secretary of HHS, 27 Fed. Cl. 29 (1992) (special master has broad discretion to determine reasonableness of fees and costs)
- Perreira v. Secretary of HHS, 33 F.3d 1375 (Fed. Cir. 1994) (appellate disposition affirming fee-review principles)
- Saxton ex rel. Saxton v. Secretary of HHS, 3 F.3d 1517 (Fed. Cir. 1993) (fees may be awarded even when petitioner does not prevail on merits if claim brought in good faith with reasonable basis)
- Sabella v. Secretary of HHS, 86 Fed. Cl. 201 (2009) (special master may reduce fees sua sponte without prior notice)